{"identifier":"/us/usc/t10/s893a","title":10,"num":"\u00a7\u202f893a.","heading":"Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust","text":"\u00a7\u202f893a.\nArt. 93a. Prohibited activities with military recruit or trainee by person in position of special trust\n(a)\nAbuse of Training Leadership Position.\u2014\nAny person subject to this chapter\u2014\n(1) who is an officer, a noncommissioned officer, or a petty officer;\n(2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and\n(3) who engages in prohibited sexual activity with such specially protected junior member of the armed forces;\nshall be punished as a court-martial may direct.\n(b)\nAbuse of Position as Military Recruiter.\u2014\nAny person subject to this chapter\u2014\n(1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or\n(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;\nshall be punished as a court-martial may direct.\n(c)\nConsent.\u2014\nConsent is not a defense for any conduct at issue in a prosecution under this section (article).\n(d)\nDefinitions.\u2014\nIn this section (article):\n(1)\nSpecially protected junior member of the armed forces.\u2014\nThe term \u201cspecially protected junior member of the armed forces\u201d means\u2014\n(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;\n(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\n(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.\n(2)\nTraining leadership position.\u2014\nThe term \u201ctraining leadership position\u201d means, with respect to a specially protected junior member of the armed forces, any of the following:\n(A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers\u2019 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.\n(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.\n(3)\nApplicant for military service.\u2014\nThe term \u201capplicant for military service\u201d means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces.\n(4)\nMilitary recruiter.\u2014\nThe term \u201cmilitary recruiter\u201d means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service.\n(5)\nProhibited sexual activity.\u2014\nThe term \u201cprohibited sexual activity\u201d means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.","url":"https://projectusc.org/usc/t10/s893a.html","content":[{"t":"sec","id":"/us/usc/t10/s893a","children":[{"t":"num","text":"\u00a7\u202f893a."},{"t":"heading","text":"Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust"},{"t":"subsec","id":"/us/usc/t10/s893a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Abuse of Training Leadership Position.\u2014"},{"t":"chapeau","text":"Any person subject to this chapter\u2014"},{"t":"para","id":"/us/usc/t10/s893a/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" who is an officer, a noncommissioned officer, or a petty officer;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" who is in a training leadership position with respect to a specially protected junior member of the armed forces; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" who engages in prohibited sexual activity with such specially protected junior member of the armed forces;","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall be punished as a court-martial may direct.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s893a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Abuse of Position as Military Recruiter.\u2014"},{"t":"chapeau","text":"Any person subject to this chapter\u2014"},{"t":"para","id":"/us/usc/t10/s893a/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall be punished as a court-martial may direct.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s893a/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Consent.\u2014"},{"t":"content","text":"Consent is not a defense for any conduct at issue in a prosecution under this section (article).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s893a/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section (article):"},{"t":"para","id":"/us/usc/t10/s893a/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Specially protected junior member of the armed forces.\u2014"},{"t":"chapeau","text":"The term \u201cspecially protected junior member of the armed forces\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t10/s893a/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s893a/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s893a/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Training leadership position.\u2014"},{"t":"chapeau","text":"The term \u201ctraining leadership position\u201d means, with respect to a specially protected junior member of the armed forces, any of the following:"},{"t":"subpara","id":"/us/usc/t10/s893a/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers\u2019 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s893a/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Applicant for military service.\u2014"},{"t":"content","text":"The term \u201capplicant for military service\u201d means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Military recruiter.\u2014"},{"t":"content","text":"The term \u201cmilitary recruiter\u201d means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s893a/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Prohibited sexual activity.\u2014"},{"t":"content","text":"The term \u201cprohibited sexual activity\u201d means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}