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10 U.S.C. § 8464 — Hazing: definition; prohibition

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

Hazing means a midshipman abusing their authority to cause another midshipman cruelty, humiliation, or hardship, or to take away their rights. The Superintendent must write rules to stop it. A midshipman can only be dismissed for a single hazing incident by a court-martial's sentence, and cannot come back for at least two years after that.

(a) In this chapter, "hazing" means a midshipman wrongly using authority they were not given, in a way that causes another midshipman cruelty, indignity, humiliation, hardship, oppression, or the loss or reduction of any right. (b) The Superintendent must write regulations, approved by the Secretary of the Navy, to prevent hazing. (c) Hazing can be punished as harming good order and discipline, or as breaking Academy regulations. But no midshipman can be dismissed for a single act of hazing unless a court-martial sentences them to it. (d) A court-martial's finding and sentence for hazing must be reviewed the same way general court-martial cases are reviewed. (e) A midshipman sentenced to prison for hazing cannot be held with people convicted of crimes or misdemeanors. (f) A midshipman dismissed from the Academy for hazing cannot be reappointed as a midshipman, or commissioned as an officer in the Army, Navy, Air Force, Marine Corps, or Space Force, until two years after their original class graduates.
the actual law source: uscode.house.gov ↗public domain
(a)

In this chapter, the term “hazing” means any unauthorized assumption of authority by a midshipman whereby another midshipman suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right.

(b)

The Superintendent of the Naval Academy shall prescribe regulations, to be approved by the Secretary of the Navy, to prevent hazing.

(c)

Hazing is an offense that may be dealt with as an offense against good order and discipline or as a violation of the regulations of the Naval Academy. However, no midshipman may be dismissed for a single act of hazing except by sentence of a court-martial.

(d)

The finding and sentence of a court-martial of a midshipman for hazing shall be reviewed in the manner prescribed for general court-martial cases.

(e)

A midshipman who is sentenced to imprisonment for hazing may not be confined with persons who have been convicted of crimes or misdemeanors.

(f)

A midshipman who is dismissed from the Academy for hazing may not be reappointed as a midshipman or be appointed as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force until two years after the graduation of the class of which he was a member.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 433, § 6964; Pub. L. 99–145, title XIII, § 1301(c)(2), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, § 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605; renumbered § 8464, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–283, div. A, title IX, § 924(d)(1), Jan. 1, 2021, 134 Stat. 3826.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 736
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1605
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3826

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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