[§124B-150]  Prohibited activities with a military recruit or trainee by a person in a position of special trust.  (a)  Any person subject to this chapter who:

     (1)  Is an officer, a noncommissioned officer, or a petty officer;

     (2)  Is in a training leadership position with respect to a specially protected junior member of the state military forces; and

     (3)  Engages in prohibited sexual activity with the specially protected junior member of the state military forces,

shall be punished as directed by a court-martial.

     (b)  Any person subject to this chapter who:

     (1)  Is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or

     (2)  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 directed by a court-martial.

     (c)  Consent shall not be a defense for any conduct at issue in a prosecution under this section.

     (d)  For purposes of this section:

     "Applicant for military service" means a person who is an applicant for original enlistment or appointment in the state military forces under rules adopted by the Secretary concerned or the governor or adjutant general.

     "Military recruiter" means a person who has the primary duty to recruit persons for military service under rules adopted by the Secretary concerned or the governor or adjutant general.

     "Prohibited sexual activity" means inappropriate physical intimacy under circumstances as specified in rules adopted by the Secretary concerned or the governor or adjutant general.

     "Specially protected junior member of the state military forces" means:

     (1)  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;

     (2)  A member of the state military forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; or

     (3)  A member of the state military forces in any program that by regulation or rule adopted by the Secretary concerned or the governor or adjutant general, is identified as a training program for initial career qualification.

     "Training leadership position" means, with respect to a specially protected junior member of the state military forces, 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 rule adopted by the Secretary concerned or the governor or adjutant general, is identified as a training program for initial career qualification. [L 2022, c 286, pt of §2]