Article 93a — Prohibited activities with military recruit or trainee by person in position of special trust

Part IV · Punitive Articles

Article 93a. Prohibited activities with military recruit or trainee by person in position of special trust · MCM ¶ 20

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(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.

(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.

(b) Elements.

(1) Abuse of training leadership position.

(a) That the accused was a commissioned, warrant, noncommissioned, or petty officer;

(b) That the accused was in a training leadership position with respect to a specially protected member of the armed forces; and

(c) That the accused engaged in prohibited sexual activity with a person the accused knew was a specially protected junior member of the armed forces.

(2) Abuse of position as a military recruiter.

(a) That the accused was a commissioned, warrant, noncommissioned, or petty officer;

(b) That the accused was performing duties as a military recruiter; and

(c) That the accused engaged in prohibited sexual activity with a person the accused knew was an applicant for military service or a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

(1) In general. The prevention of inappropriate sexual activity by trainers, recruiters, and drill instructors with recruits, trainees, students attending service academies, and other potentially vulnerable persons in the initial training environment is crucial to the maintenance of good order and military discipline. Military law, regulation, and custom invest officers, non-commissioned officers, drill instructors, recruiters, cadre, and others with the right and obligation to exercise control over those they supervise. In this context, inappropriate sexual activity between those potentially vulnerable persons and those with authority to exercise control over them is inherently destructive to good order and discipline.

(2) Prohibited activity. The responsibility for identifying relationships subject to this offense and those outside the scope of this offense is entrusted to the individual Services to determine and specify by appropriate regulations. This offense is intended to cover those situations that involve the improper use of authority by virtue of an individual’s position in either a training or recruiting environment. Not all contact or associations are prohibited by this article. Service regulations must consider circumstances where pre-existing relationships (for example, marriage relationships) exist. Additionally, this offense criminalizes only activity occurring when there is a training or recruiting relationship between the accused and the alleged victim of this offense.

(3) Knowledge. The accused must have actual or constructive knowledge that a person was a “specially protected junior member of the armed forces” or an “applicant for military service” (as those terms are defined in this offense). Knowledge may be proved by circumstantial evidence.

(4) Consent. Consent is not a defense to this offense.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(e) Sample specifications.

(1) Prohibited act with specially protected junior member of the armed forces. In that ___ (personal jurisdiction data), a (commissioned) (warrant) (noncommissioned) (petty) officer, while in a training leadership position over ___, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ___ 20__, engage in a prohibited act, to wit: _____________ with ____________, whom the accused knew was a specially protected junior Servicemember in initial active duty training.

(2) Prohibited act with an applicant for military service. In that ___ (personal jurisdiction data), a (commissioned) (warrant) (noncommissioned) (petty) officer, while in a training leadership position over ___, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about ___ 20__, engage in a prohibited act, to wit: ____________ with _________________, whom the accused knew was (an applicant for military service) (a specially protected junior member of the armed forces who is enlisted under a delayed entry program).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-20-1PROHIBITED ACTIVITIES WITH RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST

NOTE 1. This offense, first enacted in the FY17 NDAA, applies to offenses committed on or after 1 January 2019.

NOTE 2. Effective 28 July 2023, EO 14103 amended the elements and sample specifications for this offense by removing the words “or reasonably should have known” from element #3 and the sample specifications.

NOTE 3. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 5 years, E-1. (Category 2)

Sample specification

NOTE 4. CAUTION. As with all sample specifications, the Benchbook follows the sample specification prescribed by the President in the MCM. However, the MCM’s sample specification prompts the drafter to allege a “prohibited act” instead of “prohibited sexual activity,” which is the language in the applicable statute, 10 USC 993A(b). This deviation may lead to a fatal variance; therefore, the sample specification below is modified from the MCM’s version, using strikethrough and underlined font to highlight the issue.

Prohibited Act with Specially Protected Junior Member of the Armed Forces:

In that __________ (personal jurisdiction data), a (commissioned) (warrant) (noncommissioned) (petty) officer, while in a training leadership position over __________, did (at/on board-location), on or about __________, engage in a prohibited sexual activity act, to wit: _______________ with ________________, whom the accused knew was a specially protected junior Servicemember in initial active duty training.

NOTE 4. .1: CAUTION. As with all sample specifications, the Benchbook follows the sample specification prescribed by the President in the MCM. However, the MCM’s sample specification (1) does not prompt the drafter to allege an accused’s status as a military recruiter; and (2) prompts the drafter to allege a “prohibited act” instead of “prohibited sexual activity,” which is the language in the applicable statute, 10 USC 993A(b). These deviations may lead to fatal variances; therefore, the sample specification below is modified from the MCM’s version, using strikethrough and underlined font to highlight the issue.

Prohibited Act with an Applicant for Military Service:

In that __________ (personal jurisdiction data), a (commissioned) (warrant) (noncommissioned) (petty) officer, while in a military recruiter position of authority over ________ did, (at/on board-location), on or about __________, engage in a prohibited sexual activity act, to wit: _______________ with _________________ , whom the accused knew was (an applicant to military service) (a specially protected junior enlisted member of the armed forces enlisted under a delayed entry program).

Elements

Abuse of Training Leadership Position:

(1) That the accused was a (commissioned) (warrant) (noncommissioned) (petty) officer;

(2) That the accused was in a training leadership position with respect to (state the name of the alleged victim), a specially protected junior member of the armed forces; and

(3) That (state the time and place alleged), the accused engaged in prohibited sexual activity with (state the name of the alleged victim), a person the accused knew was a specially protected junior member of the armed forces.

Abuse of Position as a Military Recruiter:

(1) That the accused was a (commissioned) (warrant) (noncommissioned) (petty) officer;

(2) That the accused was a military recruiter; and

(3) That (state the time and place alleged), the accused engaged in prohibited sexual activity with (state the name of the alleged victim), a person the accused knew was (an applicant for military service) (a specially protected junior member of the armed forces who was enlisted under a delayed entry program).

Definitions & other instructions

“Prohibited sexual activity” means, as specified in [cite the regulation(s) prescribed by the Secretary concerned, including paragraph number], inappropriate physical intimacy, including: [describe the prohibited conduct described in the regulation(s)].

Consent is not a defense to this offense.

(“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 entry career qualification.)

(“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.)

(“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, and

(b) faculty and staff at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.)

(“Military recruiter” means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service.)

Source: Instruction 3a-20-1 · view original on jagcnet.army.mil