Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(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 |
|
(2) who is in a training leadership position with
|
| respect to a specially protected junior member of the State military forces; and
|
|
(3) who engages in prohibited sexual activity with
|
| such specially protected junior member of the State military forces;
|
|
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
|
| 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 State military forces who is enlisted under a delayed entry program;
|
|
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
|
|
(A) 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;
|
|
(B) 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; and
|
|
(C) a member of the State military forces in 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.
|
|
(2) "Training leadership position" means, with
|
| respect to a specially protected junior member of the State military forces, any of the following:
|
|
(A) 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 regulation prescribed by the Secretary of the Army or the Air Force, is identified as a training program for initial career qualification.
|
|
(B) Faculty and staff of a State military
|
| academy, a regional training institute, or any other formal military education program.
|
|
(3) "Applicant for military service" means a person
|
| 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.
|
|
(4) "Military recruiter" means a person who, under
|
| regulations prescribed by the Secretary of the Army or the Air Force, has the primary duty to recruit persons for military service.
|
|
(5) "Prohibited sexual activity" means, as specified
|
| in regulations prescribed by the Secretary of the Army or the Air Force, inappropriate physical intimacy under circumstances described in such regulations.
|
|
(Source: P.A. 101-367, eff. 8-9-19.)
|
