(20 ILCS 1807/93a) Sec. 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 |
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(2) who is in a training leadership position with
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| respect to a specially protected junior member of the State military forces; and
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(3) who engages in prohibited sexual activity with
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| such specially protected junior member of the State military forces;
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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
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| prohibited sexual activity with an applicant for military service; or
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(2) who is a military recruiter and engages in
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| prohibited sexual activity with a specially protected junior member of the State military forces who is enlisted under a delayed entry program;
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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
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(A) a member of the State military forces who is
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| 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;
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(B) a member of the State military forces who is
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| a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and
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(C) a member of the State military forces in any
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| 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.
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(2) "Training leadership position" means, with
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| respect to a specially protected junior member of the State military forces, any of the following:
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(A) Any drill instructor position or other
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| 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.
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(B) Faculty and staff of a State military
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| academy, a regional training institute, or any other formal military education program.
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(3) "Applicant for military service" means a person
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| 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.
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(4) "Military recruiter" means a person who, under
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| regulations prescribed by the Secretary of the Army or the Air Force, has the primary duty to recruit persons for military service.
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(5) "Prohibited sexual activity" means, as specified
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| in regulations prescribed by the Secretary of the Army or the Air Force, inappropriate physical intimacy under circumstances described in such regulations.
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(Source: P.A. 101-367, eff. 8-9-19.)
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