South Carolina § 25-1-2420 - Definitions, generally.

§ 25-1-2420. Definitions, generally.

As used in the Code of Military Justice:

1. "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused;

2. "Adjutant general" means the officer defined in SECTION 25-1-10;

3. "Commander" includes commissioned officers and warrant officers exercising command authority;

4. "Duty status" means duty in the state military forces under an order issued by authority of law, and includes travel to and from duty;

5. "Enlisted member" means a person in an enlisted grade;

6. "Grade" means a step or degree, in a graduated scale of military rank, that is established and designated as a grade by law or regulation;

7. "Legal officer" and "judge advocate" means any commissioned officer of the state military forces designated to perform legal duties for a command;

8. "Military court" means a court-martial or a court of inquiry;

9. "Military forces" means the National Guard of the State, as defined in Section 25-1-10, persons attached or assigned to state units, the state guard, and any other person ordered to serve or train as a member of the state's militia under the laws of this State;

10. "Military judge" means an official of a general or special court-martial detailed in accordance with SECTION 25-1-2620;

11. "Oath"includes affirmation;

12. "Rank" means the order of precedence among members of the military forces;

13. "State judge advocate" means the federally recognized National Guard judge advocate responsible for supervising the administration of military justice in the military forces;

14. "Superior commissioned officer" means a commissioned officer superior in rank or command.

15. "Officer" means commissioned officers and warrant officers unless otherwise specified.

HISTORY: Former SECTION 25-1-2420 [1950 (46) 1881; 1952 Code SECTION 44-153; 1962 Code SECTION 44-152; 1964 (53) 2241] recodified as SECTION 25-1-3000 by 1984 Act No. 378; New SECTION 25-1-2420 En by 1984 Act No. 378, SECTION 4; 1985 Act No. 84, SECTION 1; 2001 Act No. 85, SECTIONS 25, 26; 2011 Act No. 46, SECTION 11, eff June 7, 2011; 2024 Act No. 145 (H.4642), SECTION 3, eff May 13, 2024.

Effect of Amendment

The 2011 amendment, in the definition of "State judge advocate", substituted "federally recognized National Guard judge advocate" for "commissioned officer".

2024 Act No. 145, SECTION 3, rewrote 9.