(KCMJ Art

48-3070. (KCMJ Art. 132) Retaliation. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person takes or threatens to take an adverse personnel action or withholds or threatens to withhold a favorable personnel action with the intent to: (1) Retaliate against any person for reporting or planning to report a criminal or military offense; (2) retaliate against any person making or planning to make a protected communication; or (3) discourage any person from reporting or planning to report a criminal or military offense. (b) As used in this section: (1) "Covered individual or organization" means any recipient of communication specified in 10 U.S.C. § 1034(b)(1)(B)(i) through (v). (2) "Inspector general" means the same as defined in 10 U.S.C. § 1034(j). (3) "Protected communication" means: (A) A lawful communication to a member of congress or an inspector general; or (B) a communication to a covered individual or organization in which a member of the armed forces or state military forces complains of or discloses information that the member reasonably believes constitutes evidence of the following: (i) A violation of law or regulation prohibiting sexual harassment or unlawful discrimination; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety. (4) "Unlawful discrimination" means discrimination on the basis of race, color, religion, sex or national origin. History: L. 2024, ch. 78, § 32; July 1.