[§124B-194]  Retaliation.  (a)  Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication wrongfully:

     (1)  Takes or threatens to take an adverse personnel action against any person; or

     (2)  Withholds or threatens to withhold a favorable personnel action with respect to any person,

shall be punished as directed by a court-martial.

     (b)  For purposes of this section:

     "Covered individual or organization" means any recipient of a communication specified in title 10 United States Code section 1034(b)(1)(B)(i) through (vi).

     "Inspector General" shall have the same meaning given that term in title 10 United States Code section 1034(j).

     "Protected communication" means the following:

     (1)  A lawful communication to a member of the United States Congress or an Inspector General; or

     (2)  A communication to a covered individual or organization in which a member of the state military forces or the Armed Forces of the United States complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following:

          (A)  A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or

          (B)  Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. [L 2022, c 286, pt of §2]