48-3045. (KCMJ Art.
477 words·~2 min read·
/ks/chapter-48/48-3045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
48-3045. (KCMJ Art. 93a) Prohibited conduct with military recruit or trainee.
(a)Any person subject to this code shall be punished at the direction of a commanding officer if such person is:
(1)In a training leadership position with respect to a specially protected junior member of the armed forces; and
(2)engages in prohibited sexual activity with such specially protected junior member of the armed forces.
(b)Any person subject to this code shall be punished at the direction of a commanding officer if they are:
(1)A military recruiter and engage in prohibited sexual activity with an applicant for military service;
(2)a military recruiter and engage in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; or
(3)a military cadre and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program.
(c)Consent is not a defense for any conduct listed in this section.
(d)As used in this section:
(1)"Applicant for military service" means a person who, under regulations prescribed by the secretary of the military department concerned, is an applicant for original enlistment or appointment in the United States armed forces or state military forces.
(2)"Military recruiter" means a person who, under regulations prescribed by the secretary of the military department concerned, has the primary duty to recruit persons for military service.
(3)"Prohibited sexual activity" means, as specified in military regulations, inappropriate physical intimacy under circumstances described in such regulations.
(4)"Specially protected junior member of the armed forces" means:
(A)A member of the armed forces or state military 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 or state military forces who is a cadet, midshipmen, an officer candidate or a student in any other officer qualification program; and
(C)a member of the armed forces or state military forces in any program that, by regulation prescribed by the secretary of the military department concerned, is identified as a training program for initial career qualification.
(5)"Training leadership position" means any person subject to this code that is assigned or attached to a unit whose primary purpose is the recruitment of members into the United States armed forces or state military forces or who serve as faculty, staff, drill instructor or in other leadership position in:
(A)A basic training program;
(B)a training program for entry into the United States armed forces or state military forces;
(C)a reserve officers' training unit;
(D)an officers' candidate school; or
(E)any program that is identified as a training program or initial career qualification.