10 U.S.C. § 893a — Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust

(a) A person subject to this chapter may be punished as a court-martial directs if the person is an officer, noncommissioned officer, or petty officer; holds a training-leadership position over a “specially protected junior member”; and engages in “prohibited sexual activity” with that member. (b) A military recruiter may be punished for prohibited sexual activity with a military-service applicant or with a specially protected junior member enlisted under a delayed-entry program. (c) Consent is not a defense. (d) Definitions. “Specially protected junior member” means a service member assigned or awaiting assignment to basic or other initial active-duty training, including delayed entry; a cadet, midshipman, officer candidate, or student in another officer-qualification program; or a member in a program designated by the concerned Secretary's regulation for initial career qualification. “Training leadership position” includes drill-instructor or other leadership positions in listed entry and initial-training programs, and faculty and staff of the four listed service academies. “Applicant for military service” means a person whom the concerned Secretary's regulations identify as applying for original enlistment or appointment. “Military recruiter” means a person whose primary duty, under those regulations, is recruiting for military service. “Prohibited sexual activity” means inappropriate physical intimacy specified in those regulations. This section does not define these quoted terms beyond these descriptions.