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 chapter— (1) who is an officer, a noncommissioned offi- cer, 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; shall be punished as a court-martial may direct. (b) ABUSE OF POSITION AS MILITARY RE- CRUITER.—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 sec- tion (article). (d) DEFINITIONS.—In this section (article): (1) SPECIALLY PROTECTED JUNIOR MEMBER OF THE ARMED FORCES.—The term ‘‘specially pro- tected 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 en- listed 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 qualifica- tion 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 qualifica- tion. (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 fol- lowing: (A) Any drill instructor position or other leadership position in a basic training pro- gram, an officer candidate school, a reserve officers’ training corps unit, a training pro- gram 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 qualifica- tion. (B) Faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Acad- emy, 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 ‘‘mili- tary recruiter’’ means a person who, under regulations prescribed by the Secretary con- cerned, has the primary duty to recruit per- sons for military service. (5) PROHIBITED SEXUAL ACTIVITY.—The term ‘‘prohibited sexual activity’’ means, as speci- fied in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regula- tions. (Added Pub. L. 114–328, div. E, title LX, § 5410, Dec. 23, 2016, 130 Stat. 2942.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- Page 810 TITLE 10—ARMED FORCES § 894 sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 894. Art. 94. Mutiny or sedition (a) Any person subject to this chapter who— (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturb- ance is guilty of mutiny; (2) with intent to cause the overthrow or de- struction of lawful civil authority, creates, in concert with any other person, revolt, vio- lence, or other disturbance against that au- thority is guilty of sedition; (3) fails to do his utmost to prevent and sup- press a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned of- ficer or commanding officer of a mutiny or se- dition which he knows or has reason to believe is taking place, is guilty of a failure to sup- press or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment 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) 894(a) ...... 894(b) ...... 50:688(a). 50:688(b). May 5, 1950, ch. 169, § 1 (Art. 94), 64 Stat. 136. In subsection (a)(1) and (2), the words ‘‘or persons’’ are omitted, since, under section 1 of title 1, words im- porting the singular may apply to several persons. In subsection (a)(3), the word ‘‘a’’ is substituted for the words ‘‘an offense of’’. The words ‘‘commissioned officer’’ are inserted after the word ‘‘superior’’, for clar- ity. § 895. Art. 95. Offenses by sentinel or lookout (a) DRUNK OR SLEEPING ON POST, OR LEAVING POST BEFORE BEING RELIEVED.—Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished— (1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and (2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct. (b) LOITERING OR WRONGFULLY SITTING ON POST.—Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 913; renum- bered § 895 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(8), 5411, Dec. 23, 2016, 130 Stat. 2938, 2943.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 913 .......... 50:707. May 5, 1950, ch. 169, § 1 (Art. 113), 64 Stat. 139. PRIOR PROVISIONS A prior section 895 was renumbered section 887a of this title. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, § 5411, amended section gen- erally. Prior to amendment, text read as follows: ‘‘Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly re- lieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is com- mitted at any other time, by such punishment other than death as a court-martial may direct.’’ Pub. L. 114–328, § 5401(8), renumbered section 913 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 895a. Art. 95a. Disrespect toward sentinel or lookout (a) DISRESPECTFUL LANGUAGE TOWARD SEN- TINEL OR LOOKOUT.—Any person subject to this chapter who, knowing that another person is a sentinel or lookout, uses wrongful and dis- respectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct. (b) DISRESPECTFUL BEHAVIOR TOWARD SEN- TINEL OR LOOKOUT.—Any person subject to this chapter who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5412, Dec. 23, 2016, 130 Stat. 2943.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 896. Art. 96. Release of prisoner without author- ity; drinking with prisoner (a) RELEASE OF PRISONER WITHOUT AUTHOR- ITY.—Any person subject to this chapter— (1) who, without authority to do so, releases a prisoner; or (2) who, through neglect or design, allows a prisoner to escape; shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.