10 U.S.C. § 892 — Art. 92. Failure to obey order or regulation

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-