10 USC § 893a - Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust

---
identifier: "/us/usc/t10/s893a"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 893a - Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust"
title_number: 10
title_name: "ARMED FORCES"
section_number: "893a"
section_name: "Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "X"
subchapter_name: "PUNITIVE ARTICLES"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 114–328, div. E, title LX, § 5410, Dec. 23, 2016, 130 Stat. 2942.)"
---


# § 893a. 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—

shall be punished as a court-martial may direct.

**(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;

**(b)** **Abuse of Position as Military Recruiter.—** Any person subject to this chapter—

shall be punished as a court-martial may direct.

**(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;

**(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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**Source Credit**: (Added Pub. L. 114–328, div. E, title LX, § 5410, Dec. 23, 2016, 130 Stat. 2942.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .