- access device
has the meaning given that term in section 1029 of title 18.
- 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 other person who has an interest other than an official interest in the prosecution of the accused.
- act of prostitution
means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.
- applicant for military service
means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces.
- blood alcohol content limit
means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.
- broadcast
means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
- cadet
means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
- child
means any person who has not attained the age of 16 years.
- child abuse offense
means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses:
- child, who is in utero
means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
- classified information
means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
- commanding officer
includes only commissioned officers.
- computer
has the meaning given that term in section 1030 of title 18.
- conduct
means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.
- consent
means a freely given agreement to the conduct at issue by a competent person.
- course of conduct
means—
- covered individual or organization
means any recipient of a communication specified in clauses (i) through (v) of section 1034(b)(1)(B) of this title.
- covered offense
means—
- credit
means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.
- crimes and offenses not capital
includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.
- damage
has the meaning given that term in section 1030 of title 18.
- distribute
means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.
- false threat
means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.
- force
means— In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.
- Government computer
means a computer owned or operated by or on behalf of the United States Government.
- grievous bodily harm
means serious bodily injury.
- incapable of consenting
means the person is—
- indecent manner
means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
- Inspector General
has the meaning given that term in section 1034(j) of this title.
- intimate visual image
means a visual image that depicts a private area of a person.
- judge advocate
means—
- Judge Advocate General
means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
- legal officer
means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.
- lesser included offense
means—
- lewd act
means—
- midshipman
means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
- military
refers to any or all of the armed forces.
- military judge
means a judge advocate designated under section 826(c) of this title (article 26(c)) who is detailed under section 826(a) or section 830a of this title (article 26(a) or 30a).
- military magistrate
means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).
- military recruiter
means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service.
- national security
means the national defense and foreign relations of the United States.
- officer in charge
means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
- private area
means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
- prohibited sexual activity
means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.
- protected communication
means the following:
- reasonable expectation of privacy
means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public.
- referral
means the order of a convening authority or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, that charges and specifications against an accused be tried by a specified court-martial.
- sexual act
means—
- sexual contact
means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
- sexually explicit conduct
means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
- special trial counsel
means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.
- specially protected junior member of the armed forces
means—
- State
includes the District of Columbia and any Commonwealth, territory, or possession of the United States.
- superior commissioned officer
means a commissioned officer superior in rank or command.
- threatening or placing that child in fear
means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.
- threatening or placing that other person in fear
means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.
- training leadership position
means, with respect to a specially protected junior member of the armed forces, any of the following:
- unborn child
means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
- United States
includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions.
- unlawful discrimination
means discrimination on the basis of race, color, religion, sex, or national origin.
- unlawful force
means an act of force done without legal justification or excuse.
- victim
means a person who—
- victim of an offense under this chapter
means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.
- visual image
means the following: