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.

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 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.