Article 93a, UCMJ. Prohibited activities with military recruit or trainee by person in position of special trust

Article 93a prohibits activities with a military trainee or recruit by persons placed in a position of trust, activities considered abuse of trust. Military recruiters, drill sergeants and other trainers have been convicted of abusing their trainees in one manner or another. The MJA 2016 has specifically created a new article to address the concern that some in a position of leadership at initial military training will execute an abuse of trust. Additionally, the Act defines specifically who is considered a trainee or recruit and who is considered a person placed in a position of trust. This is one of several new articles resulting from the MJA 2016 that affect service members.

Art. 93a. Prohibited activities with military 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 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.