Illinois § 93a

§ 93a.

Article 93a. Prohibited activities with military recruit or trainee by person in position of special trust. (a) Any person subject to this Code: (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 State military forces; and (3) who engages in prohibited sexual activity with such specially protected junior member of the State military forces; shall be punished as a court-martial may direct. (b) Any person subject to this Code: (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 State military forces who is enlisted under a delayed entry program; shall be punished as a court-martial may direct. (c) Consent is not a defense for any conduct at issue in a prosecution under this Article. (d) In this Article: (1) "Specially protected junior member of the State military forces" means: (A) a member of the State military 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 State military 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 State military forces in any program that, by regulation prescribed by the Secretary of the Army or the Air Force, is identified as a training program for initial career qualification. (2) "Training leadership position" means, with respect to a specially protected junior member of the State military 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 State military forces, or any program that, by regulation prescribed by the Secretary of the Army or the Air Force, is identified as a training program for initial career qualification. (B) Faculty and staff of a State military academy, a regional training institute, or any other formal military education program. (3) "Applicant for military service" means a person who, under regulations prescribed by the Secretary of the Army or the Air Force, is an applicant for original enlistment or appointment in the State military forces. (4) "Military recruiter" means a person who, under regulations prescribed by the Secretary of the Army or the Air Force, has the primary duty to recruit persons for military service. (5) "Prohibited sexual activity" means, as specified in regulations prescribed by the Secretary of the Army or the Air Force, inappropriate physical intimacy under circumstances described in such regulations. (Source: P.A. 101-367, eff. 8-9-19.)