Oklahoma § 44-893A - Prohibited activities with military recruit or trainee by

§ 44-893A. Prohibited activities with military recruit or trainee by

person in position of special trust.

ARTICLE 93A. Prohibited activities with military recruit or

trainee by person in position of special trust.

A. Abuse of training leadership position. Any person subject

to the Oklahoma Uniform Code of Military Justice:

1. Who is an officer, or a noncommissioned 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.

Oklahoma Statutes - Title 44. Militia

B. Abuse of position as military recruiter. Any person subject

to the 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. 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 state military

forces. The term "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,

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 Secretary of the Air Force or the Adjutant

General, 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 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

Secretary of the Air Force or the Adjutant General,

and

b.

faculty and staff of any officer candidate school

organized under the authority of the Adjutant General;

3. Applicant for military service. The term "applicant for

military service" means a person who, under regulations prescribed

by the Secretary of the Army or the Secretary of the Air Force or

the Adjutant General, is an applicant for original enlistment or

appointment in the state military forces;

4. Military recruiter. The term "military recruiter" means a

person who, under regulations prescribed by the Secretary of the

Army or the Secretary of the Air Force or the Adjutant General, has

Oklahoma Statutes - Title 44. Militia

the primary duty to recruit persons for service in the state

military forces; and

5. Prohibited sexual activity. The term "prohibited sexual

activity" means, as specified in regulations prescribed by the

Secretary of the Army or the Secretary of the Air Force or the

Adjutant General, inappropriate physical intimacy under

circumstances described in such regulations.

Added by Laws 2019, c. 408, § 114, eff. Oct. 1, 2019.