(a) A member of the militia 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 armed forces of the United States or of the militia of the state, and (3) engages in prohibited sexual activity with the specially protected junior member of the armed forces of the United States or of the militia of the state may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
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Terms Used In Alaska Statutes 26.05.893

  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • Conviction: A judgement of guilt against a criminal defendant.
  • militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) A member of the militia who is a military recruiter and engages in prohibited sexual activity with (1) an applicant for military service or (2) a specially protected junior member of the armed forces of the United States or of the militia of the state who is enlisted under a delayed entry program may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(c) Consent is not a defense in a prosecution under this section.
(d) When a person is convicted of an offense under this section that requires the person to register as a sex offender under Alaska Stat. Chapter 12.63, the court-martial shall provide the person with information regarding sex offender registration under Alaska Stat. § 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under Alaska Stat. Chapter 12.63.
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