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10 U.S.C. § 893a — Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 893a — Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust

**(a) Abuse of Training Leadership Position.—** Any person subject to this chapter— (1) who is an officer, a noncommissioned officer, or a petty officer; (2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and (3) who engages in prohibited sexual activity with such specially protected junior member of the armed forces; **(b) Abuse of Position as Military Recruiter.—** Any person subject to this chapter— (1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or (2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; shall be punished as a court-martial may direct. **(c) Consent.—** Consent is not a defense for any conduct at issue in a prosecution under this section (article). **(d) Definitions.—** In this section (article): (1) **Specially protected junior member of the armed forces.—** — The term “specially protected junior member of the armed forces” means— (A) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program; (B) a member of the armed forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and (C) a member of the armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. (2) **Training leadership position.—** — The term “training leadership position” means, with respect to a specially protected ju

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Source file: Laws/federal/codes/united-states-code/title-10/section-893a-art-93a-prohibited-activities-with-military-recruit-or-trainee-by-person--827552c96f.md
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Source location: Title 10, Chapter 47, § 893a; chapter-047-uniform-code-of-military-justice.md

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**(a) Abuse of Training Leadership Position.—** Any person subject to this chapter— (1) who is an officer, a noncommissioned officer, or a petty officer; (2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and (3) who engages in prohibited sexual activity with such specially protected junior member of the armed forces; **(b) Abuse of Position as Military Recruiter.—** Any person subject to this chapter— (1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or (2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; shall be punished as a court-martial may direct. **(c) Consent.—** Consent is not a defense for any conduct at issue in a prosecution under this section (article). **(d) Definitions.—** In this section (article): (1) **Specially protected junior member of the armed forces.—** — The term “specially protected junior member of the armed forces” means— (A) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program; (B) a member of the armed forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and (C) a member of the armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. (2) **Training leadership position.—** — The term “training leadership position” means, with respect to a specially protected junior member of the armed forces, any of the following: (A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. (B) Faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy. (3) **Applicant for military service.—** — The term “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. (4) **Military recruiter.—** — The term “military recruiter” means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service. (5) **Prohibited sexual activity.—** — The term “prohibited sexual activity” means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “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. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “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. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 925 — Art. 125. Kidnapping

Any person subject to this chapter who wrongfully— (1) seizes, confines, inveigles, decoys, or carries away another person; and (2) holds the other person against that person’s will; shall be punished as a court-martial may direct.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 893a — Art. 93a. Prohibited activities with mili-

Page 809 TITLE 10—ARMED FORCES § 893a officer, noncommissioned officer, or petty offi- cer, while that officer is in the execution of his office; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 891 .......... 50:685. May 5, 1950, ch. 169, § 1 (Art. 91), 64 Stat. 136. The word ‘‘member’’ is substituted for the word ‘‘per- son’’. § 892. Art. 92. Failure to obey order or regulation Any person subject to this chapter who— (1) violates or fails to obey any lawful gen- eral order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his du- ties; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 892 .......... 50:686. May 5, 1950, ch. 169, § 1 (Art. 92), 64 Stat. 136. The word ‘‘order’’ is substituted for the word ‘‘same’’. § 893. Art. 93. Cruelty and maltreatment Any person subject to this chapter who is guilty of cruelty toward, or oppression or mal- treatment of, any person subject to his orders shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 68.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 893 .......... 50:687. May 5, 1950, ch. 169, § 1 (Art. 93), 64 Stat. 136. § 893a. Art. 93a. Prohibited activities with mili- tary recruit or trainee by person in position of special trust (a) ABUSE OF TRAINING LEADERSHIP POSITION.— Any person subject to this c

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