Subd. 1. Definitions.

For purposes of this section, the terms defined in this subdivision have the meanings given them.

1. (1) "Covered individual or organization" means any recipient of a communication specified in United States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
2. (2) "Inspector general" has the meaning given in United States Code, title 10, section 1034(j).

3. (3) "Protected communication" means:

   1. (i) a lawful communication to a member of Congress, a state legislator, or an inspector general; and

   2. (ii) a communication to a covered individual or organization, to include the Office of the Governor, in which a member of the armed forces 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.

Subd. 2. Crimes defined.

Any person subject to this code 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:

1. (1) wrongfully takes or threatens to take an adverse personnel action against any person; or

2. (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person;

   shall be punished as a court-martial may direct.