Sec. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST
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## SEC. 5410 PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 893 (article 93 of the Uniform Code of Military Justice), the following new section (article): > > ## “SEC. 893a Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust > > **[**[10 U.S.C. 893a](/us/usc/t10/s893a)**]** > > > ### “(a) Abuse of Training Leadership Position > > Any person subject to this chapter— > > > #### “(1) > > who is an officer, a noncommissioned officer, 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 Recruiter > > 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 section (article). > > > ### “(d) Definitions > > In this section (article): > > > #### “(1) Specially protected junior member of the armed forces > > The term ‘specially protected 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 enlisted 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 qualification 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 qualification. > > > #### “(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 following: > > > ##### “(A) > > Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ 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. > > > ##### “(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. > > > #### “(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 ‘military recruiter’ means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service. > > > #### “(5) Prohibited sexual activity > > The term ‘prohibited sexual activity’ means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.” > .
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Sec. 5410
PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST
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