Prohibited activities by person in position of special trust

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  1. (a) An officer, a noncommissioned officer, or a petty officer shall be punished as a court-martial may direct for abuse of a training leadership position if he or she:

    1. (1) Is in a training leadership position with respect to a specially protected junior member of the armed forces; and

    2. (2) Engages in prohibited sexual activity with the specially protected junior member of the armed forces.

  2. (b) A military recruiter shall be punished as a court-martial may direct for abuse of a position as a military recruiter if he or she engages in prohibited sexual activity with:

    1. (1) An applicant he or she is recruiting to enlist in military service; or

    2. (2) A specially protected junior member of the armed forces who enlisted under a delayed entry program.

  3. (c) Consent is not a defense for any prohibited conduct at issue in a prosecution under this section.


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