Page 473 - Trump Executive Orders 2017-2021

10176 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

may constitute this offense. Sexual harassment includes influencing, offering to influence, or
threatening the career, pay, or job of another person in exchange for sexual favors, and deliberate
or repeated offensive comments or gestures of a sexual nature. The imposition of necessary or
proper duties and the exaction of their petformance does not constitute this offense even though
the duties are arduous or hazardous or both.
d. Maximum punishment. Dishonorable discharge, fotfeiture of all pay and allowances, and
confinement for 3 years.
e. Sample specification.
In that (personal jurisdiction data), (at/on board-location) (subject-matter jurisdiction
data, if required), on or about 20_, (was cruel toward) did (oppress) (maltreat)
a person subject to (his) (her) orders, by (kicking (him) (her) in the stomach)
(confining (him) (her) for twenty-four hours without water) , ________ J

20. Article 93a (10 U.S.C. 893a)-Prohibited activities with military recruit or trainee by
person in position of special trust
a. Text of statute.
(a) ABUSE OF TRAINING LEADERSHIP POSITION.-Any person subject to this chapter-
(1) who is an officer, a noncommissioned officer, ot· 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 p•·otected
junior member of the armed forces;
shall be punished as a court-martial may direct.
(b) ABUSE OF POSITION AS MILITARY RECRillTER.-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 recruite•· 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.
(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 te1·m
"specially protected junior member of the armed for·ces" 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.
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