Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee by person in position of special trust.

287 words·~1 min read·/ak/title-26/chapter-5/26-05-893

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A member of the militia who

(1)is an officer, a noncommissioned officer, or a petty officer,

(2)is in a training leadership position with respect to a specially protected junior member of the armed forces of the United States or of the militia of the state, and

(3)engages in prohibited sexual activity with the specially protected junior member of the armed forces of the United States or of the militia of the state may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

(b)A member of the militia who is a military recruiter and engages in prohibited sexual activity with

(1)an applicant for military service or

(2)a specially protected junior member of the armed forces of the United States or of the militia of the state who is enlisted under a delayed entry program may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

(c)Consent is not a defense in a prosecution under this section.

(d)When a person is convicted of an offense under this section that requires the person to register as a sex offender under AS 12.63 , the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63 .