In this title, unless the context otherwise requires, the following words have the meanings indicated. “Accuser” means: a person who signs and swears to charges; a person who directs that charges nominally be signed and sworn to by another; or any other person who has an interest other than an official interest in the prosecution of the accused. “Cadet” or “candidate” means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. “Classified information” means: information or material that has been determined by an official of the United States or a state pursuant to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(y). “Commander” means commanding officer. “Commanding officer” includes: commissioned officers of the State military forces; and officers in charge only when administering nonjudicial punishment under § 13A–301 of this code. “Convening authority” includes: the person who convened the court; and a commissioned officer commanding for the time being; or a successor in command to the convening authority. “Day” means: calendar day and is not synonymous with the term “unit training assembly”; or as it relates to any punishment authorized by this article that is measured in terms of days, when served in a status other than annual field training, succeeding duty days. “Duty status other than State active duty” means any other type of duty not in federal service and not full–time duty in the active service of the State under an order issued by authority of law. “Duty status other than State active duty” includes travel to and from such duty. “Enlisted member” means a person in an enlisted grade. “Judge advocate” means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state: certified or designated as a judge advocate in the Judge Advocate General’s Corps of the armed forces or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or certified as a non–federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the State military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the State military forces, as the convening authority directs. “Military court” means: a court–martial; or a court of inquiry. “Military judge” means an official of a general or special court–martial detailed in accordance with § 13A–505 of this title. “Military offenses” means the offenses prescribed under the punitive provisions of the code. “National security” means the national defense and foreign relations of the United States. “Officer” means a commissioned or warrant officer. “Record”, when used in connection with the proceedings of a court–martial, means: an official written transcript, written summary, or other writing relating to the proceedings; or an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. “Senior force commander” means the commander of the same force of the State military forces as the accused. “Senior force judge advocate” means the senior judge advocate of the commander of the same force of the State military forces as the accused and who is that commander’s chief legal advisor. “State active duty” means full–time duty in the State military forces under an order of the Governor or otherwise issued by authority of law, and paid by State funds. “State active duty” includes travel to and from such duty. “State military forces” means the National Guard of the State, as defined in Title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U.S.C. 47. “State military forces” does not include the unorganized militia, Maryland Defense Force, or any other State force that does not meet the definition under paragraph (1) of this subsection. “Superior commissioned officer” means a commissioned officer superior in rank or command. “Victim of an offense under this code” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this code.

This title applies to all members of the State military forces at all times. Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force. Courts–martial have primary jurisdiction of military offenses. A proper civilian court has primary jurisdiction of a non–military offense when an act or omission violates both this title and local criminal law, foreign or domestic. In a case described in subparagraph (i) of this paragraph, a court–martial may be initiated only after the civilian authority declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to § 13A–708 of this title, subject to trial by court–martial on that charge and is, after apprehension, subject to this title while in custody under the direction of the State military forces for that trial. On conviction of that charge, that person is subject to trial by court–martial for all offenses under this title committed before the fraudulent discharge. No person who has deserted from the State military forces may be relieved from amenability to the jurisdiction of this title by virtue of a separation from any later period of service.

Subject to paragraph (2) of this subsection, this title has applicability at all times and in all places, provided that either the person subject to this title is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the State military forces. This grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy. Courts–martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this title as if the proceedings were held inside the State. Offenses committed outside the State may be tried and punished either inside or outside the State.

The senior force judge advocates in each of the State military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of a command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate. A person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness in a case may not later act as a judge advocate to a reviewing authority on the same case.

A victim of an offense under this title has all rights conferred by State law in non–military courts, including: the right to be reasonably protected from the accused; the right to reasonable, accurate, and timely notice provided by military trial counsel of: a public hearing concerning the continuation of confinement prior to trial of the accused; a preliminary hearing under § 13A–603 of this title relating to the offense; a court–martial relating to the offense, including all related motions, hearings, pleas, sentencing hearings, alterations or suspension, and all related filed documents, including those related to § 13A–606 of this title; a public proceeding of the service clemency and parole board relating to the offense; and the release or escape of the accused, unless such notice may endanger the safety of any person; the right not to be excluded from any public hearing or proceeding described in paragraph (2) of this subsection, unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this title would be materially altered if the victim heard other testimony at that hearing or proceeding; the right to be reasonably heard at: a public hearing concerning the continuation of confinement prior to trial of the accused; a sentencing hearing relating to the offense; a proceeding involving clemency and parole related to the offense; and any public military proceedings, including appeals, in connection with the victim’s legal rights where those rights are implicated; the reasonable right to confer beforehand with the counsel representing the government at a proceeding described in paragraph (2) of this subsection and at a proceeding under § 13A–301, § 13A–405, § 13A–601.1, and § 13A–902 of this title; the right to receive full restitution before a forfeiture may be received by the military as provided by law; the right to proceedings free from unreasonable delay; and the right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this title. Subject to paragraph (2) of this subsection, in the case of a victim of an offense under this title who is under 18 years of age but not a member of the armed forces, incompetent, incapacitated, or deceased, the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section. The individual designated under paragraph (1) of this subsection may not be the accused. Nothing in this section may be construed: to authorize a cause of action for damages; to create, to enlarge, or to imply a duty or obligation to a victim of an offense under this title or other person for breach of which the State or any of its officers or employees could be held liable for damages other than restitution; or to impair the exercise of discretion under § 13A–601 or § 13A–605 of this title. If the victim of an offense under this title believes that a preliminary hearing ruling under § 13A–603 of this title or a court–martial ruling violates the rights of the victim afforded by a provision specified in paragraph (4) of this subsection, the victim may file an interlocutory appeal to the Court of Military Appeals, and thereafter file a certiorari petition with the Supreme Court of Maryland, and an automatic stay of the military proceedings shall take effect on the filing of the notice of appeal until final disposition of the appeal, in order to require the preliminary hearing officer or the court–martial, including in connection with § 13A–716 of this title, to comply with the provision. If the victim of an offense under this title is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court–martial trying the accused for the offense, the victim may appeal such an order in the same manner described in paragraph (1) of this subsection to the Court of Military Appeals to quash the order. An appeal described in this subsection shall be forwarded directly to the Court of Military Appeals, by such means as may be prescribed by the Governor, and, to the extent practicable, shall have priority over all other proceedings before the court. Paragraph (1) of this subsection applies to the protections afforded by: this subtitle; § 13A–603 of this title; Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background; Military Rule of Evidence 513, relating to the psychotherapist–patient privilege; Military Rule of Evidence 514, relating to the victim advocate–victim privilege; and Military Rule of Evidence 615, relating to the exclusion of witnesses. On notice by counsel for the government to counsel for the accused of the name of an alleged victim of an offense under this title whom counsel for the government intends to call as a witness at a proceeding under this title, counsel for the accused shall make any request to interview the victim through the Special Victim’s Counsel or other counsel for the victim, if applicable. If requested by an alleged victim who is subject to a request for interview under paragraph (1) of this subsection, any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the government, a counsel for the victim, or, if applicable, a victim advocate.