Us Code § 8464 - Hazing: definition; prohibition
Full text of Us Code United States Code § 8464 — Hazing: definition; prohibition, with citation guidance and answers to common questions.
§ 8464. Hazing: definition; prohibition
(a) In this chapter, the term "hazing" means any unauthorized assumption of authority by a midshipman whereby another midshipman suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right.
(b) The Superintendent of the Naval Academy shall prescribe regulations, to be approved by the Secretary of the Navy, to prevent hazing.
(c) Hazing is an offense that may be dealt with as an offense against good order and discipline or as a violation of the regulations of the Naval Academy. However, no midshipman may be dismissed for a single act of hazing except by sentence of a court-martial.
(d) The finding and sentence of a court-martial of a midshipman for hazing shall be reviewed in the manner prescribed for general court-martial cases.
(e) A midshipman who is sentenced to imprisonment for hazing may not be confined with persons who have been convicted of crimes or misdemeanors.
(f) A midshipman who is dismissed from the Academy for hazing may not be reappointed as a midshipman or be appointed as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force until two years after the graduation of the class of which he was a member.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433, §6964; Pub. L. 99–145, title XIII, §1301(c)(2), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, §1622(e)(8), Nov. 29, 1989, 103 Stat. 1605; renumbered §8464, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–283, div. A, title IX, §924(d)(1), Jan. 1, 2021, 134 Stat. 3826.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6964(a) | 34 U.S.C. 1064. | Apr. 9, 1906, ch. 1370, §4, 34 Stat. 105. |
| 6964(b) | 34 U.S.C. 1063. | Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st 28 words of 1st proviso). |
| 6964(c) | 34 U.S.C. 1065. | Apr. 9, 1906, ch. 1370, §2 (last 54 words), 34 Stat. 104. |
| 6964(d), (e) | 34 U.S.C. 1066. | June 23, 1874, ch. 453, 18 Stat. 203; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (29th to 49th word of 1st proviso); Apr. 9, 1906, ch. 1370, §3, 34 Stat. 104; May 5, 1950, ch. 169, §11, 64 Stat. 146. |
| 6964(f) | 34 U.S.C. 1067. | Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (last 43 words of 1st proviso). |
In subsection (a) the words "privilege, or advantage to which he shall legally be entitled" are omitted as surplusage, since they are covered by the word "right". The definition in this subsection is made applicable throughout the chapter to cover §6965 of this title, since the reference in that section to hazing was also derived from the act which is the source for this subsection.
In subsection (b) the words "prescribe regulations * * * to prevent hazing" are substituted for the words "make such rules * * * as will effectually prevent the practice of hazing".
In subsection (c) the words "dealt with" are substituted for the words "proceeded against, dealt with, and punished". The word "regulations" is substituted for the word "rules" for uniformity and the words "and breaches" are omitted as surplusage. The words "except by sentence of a court-martial" are substituted for the words "except under the provisions of section three of this Act" because §3 of the source statute provided for a Naval Academy court-martial with special provisions for handling cases involving hazing. The enactment of the Uniform Code of Military Justice made midshipmen at the Naval Academy subject to the same military law which applies generally to the naval service, thereby superseding the special type of court-martial for midshipmen. A court-martial under the Uniform Code of Military Justice has the power to sentence anyone convicted by it to dismissal if authorized by the Table of Maximum Punishments.
In subsections (d) and (e) all that part of the source text preceding the proviso is omitted as superseded by the Uniform Code of Military Justice. The words "in a military or naval prison or elsewhere" are omitted as surplusage.
Editorial Notes
Amendments
2021—Subsec. (f). Pub. L. 116–283 substituted "Marine Corps, or Space Force" for "or Marine Corps".
2018—Pub. L. 115–232 renumbered section 6964 of this title as this section.
1989—Subsec. (a). Pub. L. 101–189 inserted ", the term" after "In this chapter".
1985—Subsec. (e). Pub. L. 99–145 substituted "persons" for "men".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
About This Section
10 U.S.C. § 8464 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 10 U.S.C. § 8464. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.