(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.
Structure US Code
Subtitle A— General Military Law
CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X— PUNITIVE ARTICLES
§ 878. Art. 78. Accessory after the fact
§ 879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts
§ 882. Art. 82. Soliciting commission of offenses
§ 884. Art. 84. Breach of medical quarantine
§ 886. Art. 86. Absence without leave
§ 887. Art. 87. Missing movement; jumping from vessel
§ 887a. Art. 87a. Resistance, flight, breach of arrest, and escape
§ 887b. Art. 87b. Offenses against correctional custody and restriction
§ 888. Art. 88. Contempt toward officials
§ 890. Art. 90. Willfully disobeying superior commissioned officer
§ 892. Art. 92. Failure to obey order or regulation
§ 893. Art. 93. Cruelty and maltreatment
§ 894. Art. 94. Mutiny or sedition
§ 895. Art. 95. Offenses by sentinel or lookout
§ 895a. Art. 95a. Disrespect toward sentinel or lookout
§ 896. Art. 96. Release of prisoner without authority; drinking with prisoner
§ 897. Art. 97. Unlawful detention
§ 898. Art. 98. Misconduct as prisoner
§ 899. Art. 99. Misbehavior before the enemy
§ 900. Art. 100. Subordinate compelling surrender
§ 901. Art. 101. Improper use of countersign
§ 902. Art. 102. Forcing a safeguard
§ 903b. Art. 103b. Aiding the enemy
§ 904. Art. 104. Public records offenses
§ 904a. Art. 104a. Fraudulent enlistment, appointment, or separation
§ 904b. Art. 104b. Unlawful enlistment, appointment, or separation
§ 905a. Art. 105a. False or unauthorized pass offenses
§ 906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official
§ 906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button
§ 907. Art. 107. False official statements; false swearing
§ 907a. Art. 107a. Parole violation
§ 908a. Art. 108a. Captured or abandoned property
§ 909a. Art. 109a. Mail matter: wrongful taking, opening, etc.
§ 910. Art. 110. Improper hazarding of vessel or aircraft
§ 911. Art. 111. Leaving scene of vehicle accident
§ 912. Art. 112. Drunkenness and other incapacitation offenses
§ 912a. Art. 112a. Wrongful use, possession, etc., of controlled substances
§ 913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 914. Art. 114. Endangerment offenses
§ 915. Art. 115. Communicating threats
§ 916. Art. 116. Riot or breach of peace
§ 917. Art. 117. Provoking speeches or gestures
§ 917a. Art. 117a. Wrongful broadcast or distribution of intimate visual images
§ 919a. Art. 119a. Death or injury of an unborn child
§ 919b. Art. 119b. Child endangerment
§ 920. Art. 120. Rape and sexual assault generally
§ 920a. Art. 120a. Mails: deposit of obscene matter
§ 920b. Art. 120b. Rape and sexual assault of a child
§ 920c. Art. 120c. Other sexual misconduct
§ 921. Art. 121. Larceny and wrongful appropriation
§ 921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access devices
§ 921b. Art. 121b. False pretenses to obtain services
§ 922a. Art. 122a. Receiving stolen property
§ 923. Art. 123. Offenses concerning Government computers
§ 923a. Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924. Art. 124. Frauds against the United States
§ 926. Art. 126. Arson; burning property with intent to defraud
§ 928b. Art. 128b. Domestic violence
§ 929. Art. 129. Burglary; unlawful entry
§ 931a. Art. 131a. Subornation of perjury
§ 931b. Art. 131b. Obstructing justice
§ 931c. Art. 131c. Misprision of serious offense
§ 931d. Art. 131d. Wrongful refusal to testify
§ 931e. Art. 131e. Prevention of authorized seizure of property
§ 931f. Art. 131f. Noncompliance with procedural rules
§ 931g. Art. 131g. Wrongful interference with adverse administrative proceeding