---
kind: "section"
citation: "10 U.S.C. § 893a"
title: "10"
title_heading: "Armed Forces"
number: "893a"
heading: "Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/893a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter X — Punitive Articles"
---

# §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](/usc/10/2700.md?p=2) subject to this chapter—
  - (1) who is an [officer](/usc/10/101.md?p=b-1), a noncommissioned officer, or a petty [officer](/usc/10/101.md?p=b-1);
  - (2) who is in a [training](/usc/10/301.md?p=9) leadership position with respect to a specially protected junior member of the [armed forces](/usc/10/101.md?p=a-4); and
  - (3) who engages in prohibited sexual activity with such specially protected junior member of the [armed forces](/usc/10/101.md?p=a-4);

  shall be punished as a court-martial may direct.

- (b) **Abuse of Position as Military Recruiter.—** Any [person](/usc/10/2700.md?p=2) subject to this chapter—
  - (1) who is a [military](/usc/10/801.md?p=8) recruiter and engages in prohibited sexual activity with an applicant for [military](/usc/10/801.md?p=8) service; or
  - (2) who is a [military](/usc/10/801.md?p=8) recruiter and engages in prohibited sexual activity with a specially protected junior member of the [armed forces](/usc/10/101.md?p=a-4) who is enlisted under a delayed entry [program](/usc/10/2101.md?p=1);

  shall be punished as a court-martial may direct.

- (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](/usc/10/101.md?p=a-4)” means—
    - (A) a member of the [armed forces](/usc/10/101.md?p=a-4) who is assigned to, or is awaiting assignment to, basic [training](/usc/10/301.md?p=9) or other initial [active duty](/usc/10/101.md?p=d-1) for [training](/usc/10/301.md?p=9), including a member who is enlisted under a delayed entry [program](/usc/10/2101.md?p=1);
    - (B) a member of the [armed forces](/usc/10/101.md?p=a-4) who is a [cadet](/usc/10/801.md?p=6), a [midshipman](/usc/10/801.md?p=7), an [officer](/usc/10/101.md?p=b-1) candidate, or a student in any other [officer](/usc/10/101.md?p=b-1) qualification [program](/usc/10/2101.md?p=1); and
    - (C) a member of the [armed forces](/usc/10/101.md?p=a-4) in any [program](/usc/10/2101.md?p=1) that, by regulation prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), is identified as a [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) for initial career qualification.
  - (2) **Training leadership position.—** The term “[training](/usc/10/301.md?p=9) leadership position” means, with respect to a specially protected junior member of the [armed forces](/usc/10/101.md?p=a-4), any of the following:
    - (A) Any drill instructor position or other leadership position in a basic [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1), an [officer](/usc/10/101.md?p=b-1) candidate school, a [reserve](/usc/10/101.md?p=c-6) [officers](/usc/10/101.md?p=b-1)’ [training](/usc/10/301.md?p=9) corps unit, a [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) for entry into the [armed forces](/usc/10/101.md?p=a-4), or any [program](/usc/10/2101.md?p=1) that, by regulation prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), is identified as a [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) for initial career qualification.
    - (B) Faculty and staff of the [United States](/usc/10/101.md?p=a-1) [Military](/usc/10/801.md?p=8) Academy, the [United States](/usc/10/101.md?p=a-1) Naval Academy, the [United States](/usc/10/101.md?p=a-1) Air Force Academy, and the [United States](/usc/10/101.md?p=a-1) Coast Guard Academy.
  - (3) **Applicant for military service.—** The term “applicant for [military](/usc/10/801.md?p=8) service” means a [person](/usc/10/2700.md?p=2) who, under regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), is an applicant for [original](/usc/10/101.md?p=b-10) enlistment or appointment in the [armed forces](/usc/10/101.md?p=a-4).
  - (4) **Military recruiter.—** The term “[military](/usc/10/801.md?p=8) recruiter” means a [person](/usc/10/2700.md?p=2) who, under regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), has the primary duty to recruit [persons](/usc/10/2700.md?p=2) for [military](/usc/10/801.md?p=8) service.
  - (5) **Prohibited sexual activity.—** The term “prohibited sexual activity” means, as specified in regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), inappropriate physical intimacy under circumstances described in such regulations.

## Source credit

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

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.