Subdivision 1.Definitions.

For purposes of this section, the terms defined in this subdivision have the meanings given them.

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Terms Used In Minnesota Statutes 192A.6011

  • Code: means this chapter;

    (4) "Commanding officer" means a commissioned officer who is in command of any unit;

    (5) "Commissioned officer" includes a commissioned warrant officer;

    (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;

    (7) "Enlisted member" means a person in an enlisted grade;

    (8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015

  • Military: refers to any or all of the armed forces of the United States or any state;

    (13) "Military court" means a court-martial, a court of inquiry;

    (14) "Officer" means commissioned or warrant officer;

    (15) "Rank" means the order of precedence among members of the state military forces;

    (16) "Shall" is used in a mandatory sense;

    (17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015

  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44

(1) “Applicant for military service” means a person who, under regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, is an applicant for original enlistment or appointment in the armed forces.

(2) “Military recruiter” means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service.

(3) “Prohibited sexual activity” means, as specified in regulations prescribed by the secretary concerned, the Minnesota National Guard authority, or designee concerned, inappropriate physical intimacy under circumstances described in such regulations.

(4) “Specially protected junior member of the armed forces” means:

(i) 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;

(ii) a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; and

(iii) a member of the armed forces in any program that, by regulation prescribed by the secretary concerned or a Minnesota National Guard authority, or designee concerned, is identified as a training program for initial career qualification.

(5) “Training leadership position” means, with respect to a specially protected junior member of the armed forces, any of the following:

(i) 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 armed forces, or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification; and

(ii) faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, and the Minnesota National Guard Regional Training Institute.

Subd. 2.Abuse of training leadership position.

Any person subject to this code:

(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 armed forces; and

(3) who engages in prohibited sexual activity with the specially protected junior member of the armed forces;

shall be punished as a court-martial may direct.

Subd. 3.Abuse of position as military recruiter.

Any person subject to this 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 armed forces who is enlisted under a delayed entry program;

shall be punished as a court-martial may direct.

Subd. 4.Consent.

Consent is not a defense for any conduct at issue in a prosecution under this section.