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<section article="gps" article_name="Public Safety" number="13A-1020" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Applicant for military service” means a person who, under regulations prescribed by the secretary concerned, is an applicant for original enlistment or appointment in the armed forces.</text>
    </level>
    <level label="3">
      <text>“Military recruiter” means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service.</text>
    </level>
    <level label="4">
      <text>“Prohibited sexual activity” means, as specified in regulations prescribed by the secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.</text>
    </level>
    <level label="5">
      <text>“Specially protected junior member of the armed forces” means:</text>
      <level label="i">
        <text>a member of the armed 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;</text>
      </level>
      <level label="ii">
        <text>a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; or</text>
      </level>
      <level label="iii">
        <text>a member of the armed forces in any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification.</text>
      </level>
    </level>
    <level label="6">
      <text>“Training leadership position” means, with respect to a specially protected junior member of the armed forces:</text>
      <level label="i">
        <text>a 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 armed forces, or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification; or</text>
      </level>
      <level label="ii">
        <text>faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text>
    <level label="1">
      <text>is an officer or a noncommissioned officer;</text>
    </level>
    <level label="2">
      <text>is in a training leadership position with respect to a specially protected junior member of the armed forces; and</text>
    </level>
    <level label="3">
      <text>engages in prohibited sexual activity with such specially protected junior member of the armed forces.</text>
    </level>
  </level>
  <level label="c">
    <text>Any person subject to this title shall be punished as a court–martial may direct if the person:</text>
    <level label="1">
      <text>is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or</text>
    </level>
    <level label="2">
      <text>is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program.</text>
    </level>
  </level>
  <level label="d">
    <text>Consent is not a defense for any conduct at issue in a prosecution under this section.</text>
  </level>
</section>
