Subdivision 1. Definitions. For purposes of this section, the terms defined in this subdivision have the meanings given them.
(1) "Applicant for military service" means a person who, under regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, is an applicant for original enlistment or appointment in the armed forces.
(2) "Military recruiter" means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service.
(3) "Prohibited sexual activity" means, as specified in regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, inappropriate physical intimacy under circumstances described in such regulations.
(4) "Specially protected junior member of the armed forces" means:
(i) 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;
(ii) a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; and
(iii) a member of the armed forces in any program that, by regulation prescribed by the secretary concerned or a Minnesota National Guard authority, or designee concerned, is identified as a training program for initial career qualification.
(5) "Training leadership position" means, with respect to a specially protected junior member of the armed forces, any of the following:
(i) 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; and
(ii) faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, and the Minnesota National Guard Regional Training Institute.
Subd. 2. Abuse of training leadership position. Any person subject to this code:
(1) who is an officer or a noncommissioned 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 the specially protected junior member of the armed forces;
shall be punished as a court-martial may direct.
Subd. 3. Abuse of position as military recruiter. Any person subject to this code:
(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.
Subd. 4. Consent. Consent is not a defense for any conduct at issue in a prosecution under this section.
2022 c 89 art 6 s 6,11
Structure Minnesota Statutes
Chapters 190 - 195 — Military Affairs
Chapter 192A — Uniform Code Of Military Justice
Section 192A.01 — Short Title.
Section 192A.015 — Definitions.
Section 192A.02 — Persons Subject To This Code; Jurisdiction.
Section 192A.021 — Purely Military Offenses.
Section 192A.025 — Jurisdiction To Try Certain Personnel.
Section 192A.03 — Dismissal Of Commissioned Officer.
Section 192A.035 — Territorial Applicability Of Code.
Section 192A.04 — Judge Advocates And Legal Officers.
Section 192A.041 — Practice Of Military Law.
Section 192A.045 — Apprehension.
Section 192A.05 — Apprehension Of Deserters.
Section 192A.055 — Imposition Of Pretrial Restraint.
Section 192A.065 — Confinement In Jails.
Section 192A.07 — Receiving Prisoners.
Section 192A.08 — Delivery Of Offenders To Civil Authorities.
Section 192A.0851 — Commanding Officer's Nonjudicial Punishment.
Section 192A.09 — Members Of State Military Forces Not In Federal Active Service.
Section 192A.095 — Jurisdiction Of Courts-martial In General.
Section 192A.10 — Jurisdiction Of General Courts-martial.
Section 192A.105 — Jurisdiction Of Special Courts-martial.
Section 192A.11 — Jurisdiction Of Summary Courts-martial.
Section 192A.111 — Maximum Limits.
Section 192A.115 — Governor's Approval Of Dismissal Or Dishonorable Discharge.
Section 192A.13 — Who May Convene General Courts-martial.
Section 192A.135 — Who May Convene Special Courts-martial.
Section 192A.14 — Who May Convene Summary Courts-martial.
Section 192A.15 — Military Judge System.
Section 192A.155 — Detail Of Trial Counsel And Defense Counsel.
Section 192A.16 — Detail Or Employment Of Reporters And Interpreters.
Section 192A.20 — Governor May Prescribe Rules.
Section 192A.205 — Unlawful Command Influence.
Section 192A.235 — Statute Of Limitations.
Section 192A.24 — Former Jeopardy.
Section 192A.25 — Opportunity To Obtain Witnesses And Other Evidence.
Section 192A.255 — Refusal To Appear Or Testify.
Section 192A.28 — Grounds For Conviction.
Section 192A.31 — Execution Of Confinement.
Section 192A.341 — Error Of Law; Lesser Included Offenses.
Section 192A.343 — Action By Convening Authority.
Section 192A.351 — Withdrawal Of Appeal.
Section 192A.353 — Appeal By State.
Section 192A.361 — Rehearings.
Section 192A.363 — Review By Senior Force Judge Advocate.
Section 192A.371 — Review By State Appellate Authority.
Section 192A.373 — Appellate Counsel.
Section 192A.381 — Finality Of Proceedings, Findings, And Sentences.
Section 192A.384 — Offenses Subject To Court-martial.
Section 192A.395 — Accessory After The Fact.
Section 192A.40 — Conviction Of Lesser Included Offense.
Section 192A.415 — Solicitation.
Section 192A.42 — Fraudulent Enlistment, Appointment, Or Separation.
Section 192A.425 — Unlawful Enlistment, Appointment, Or Separation.
Section 192A.435 — Absence Without Leave.
Section 192A.44 — Missing Movement.
Section 192A.445 — Contempt Towards Officials.
Section 192A.45 — Disrespect Towards Superior Commissioned Officer.
Section 192A.455 — Assaulting Or Willfully Disobeying Superior Commissioned Officer.
Section 192A.46 — Insubordinate Conduct Toward Warrant Officer Or Noncommissioned Officer.
Section 192A.465 — Failure To Obey Order Or Rule.
Section 192A.47 — Cruelty And Maltreatment.
Section 192A.475 — Mutiny Or Sedition.
Section 192A.48 — Resistance, Breach Of Arrest, And Escape.
Section 192A.485 — Releasing Prisoner Without Proper Authority.
Section 192A.49 — Unlawful Detention Of Another.
Section 192A.495 — Noncompliance With Procedural Rules.
Section 192A.50 — Misbehavior Before The Enemy.
Section 192A.51 — Improper Use Of Countersign.
Section 192A.515 — Forcing A Safeguard.
Section 192A.525 — Aiding The Enemy.
Section 192A.535 — False Official Statements.
Section 192A.54 — Military Property; Loss, Damage, Destruction, Or Wrongful Disposition.
Section 192A.545 — Property Other Than Military Property; Waste, Spoilage, Or Destruction.
Section 192A.55 — Improper Hazarding Of Vessel Or Aircraft.
Section 192A.555 — Driving While Under The Influence Or Reckless Driving.
Section 192A.566 — Illegal Presence Of Controlled Substance While In Duty Status.
Section 192A.57 — Malingering.
Section 192A.575 — Riot Or Breach Of Peace.
Section 192A.59 — Frauds Against The Government.
Section 192A.595 — Larceny And Wrongful Appropriation.
Section 192A.60 — Conduct Unbecoming An Officer.
Section 192A.6012 — Nonconsensual Distribution Of Intimate Images.
Section 192A.6013 — Fraudulent Use Of Credit Cards, Debit Cards, And Other Access Devices.
Section 192A.6014 — Unauthorized Use Of Government Computer.
Section 192A.6015 — Retaliation.
Section 192A.605 — General Article.
Section 192A.61 — Courts Of Inquiry.
Section 192A.612 — Search Warrants.
Section 192A.615 — Authority To Administer Oaths.
Section 192A.62 — Sections To Be Explained.
Section 192A.625 — Complaints Of Wrongs.
Section 192A.63 — Redress Of Injuries To Property.
Section 192A.635 — Execution Of Process And Sentence.
Section 192A.64 — Process Of Military Courts.
Section 192A.645 — Payment And Disposition Of Fines.
Section 192A.65 — Immunity For Action Of Military Courts.