Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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What is Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces?

This offense is also known as, Article 93a UCMJ, Prohibited Activities With Recruit Or Trainee By Person In Position Of Special Trust. It incorporated two specific offenses.

Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces
Article 93a UCMJ Prohibited Acts with an Applicant for Military Service

Note: This law applies only to Article 93a UCMJ offenses allegedly committed on or after 1 January 2019.

What is Article 93a UCMJ Prohibited Activities With Recruit Or Trainee By Person In Position Of Special Trust?

Article 93a of the UCMJ addresses prohibited activities with recruits or trainees by individuals in positions of special trust. This regulation targets drill instructors, recruiters, and other leaders who exploit their authority to engage in prohibited activities with junior members. Such actions can lead to severe consequences, including dishonorable discharge, confinement, and forfeiture of pay.

Accusations under Article 93a are particularly serious because they involve breaches of trust and power dynamics. The military justice system takes these allegations very seriously to maintain the integrity and discipline of the armed forces. Those accused of violating Article 93a face legal penalties and significant damage to their reputation and career.

The accused must seek the best military defense lawyers, given the high stakes. Experienced Article 120 UCMJ lawyers can provide invaluable assistance by thoroughly understanding the specifics of military law and the UCMJ. They can scrutinize the evidence, identify procedural errors, and develop a robust defense strategy tailored to the unique aspects of the case.

What are the Elements of Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces?

Abuse of Training Leadership Position:

That the accused was a (commissioned) (warrant) (noncommissioned) (petty) officer;
That the accused was in a training leadership position with respect to (state the name of the alleged victim), a specially protected junior member of the armed forces; and
That (state the time and place alleged), the accused engaged in prohibited sexual activity with (state the name of the alleged victim), a person the accused knew was a specially protected junior member of the armed forces.

What are the Maximum Punishments for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces?

For Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces offenses committed between 1 Jan 2019 to 27 Dec 2023:

5 Years of Confinement
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction

For Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces offenses committed after 27 Dec 2023

Under the Sentencing Parameters, Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces is a Category 2 Offense
Mandatory confinement ranges from 1-36 months (1 month to 3 years)
Dishonorable Discharge, BCD, Dismissal
Total Forfeitures
Reduction to E-1
Collateral Consequences of a Federal Felony Conviction
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces

In that SSG Dale Tupperman, US Air Force, did, a noncommissioned officer, while in a position of authority over Amn Ricky Vicky did, at or near Luke Air Force Base, Arizona, on or about 8 Nov 2024, engage in a prohibited act, to wit: Engage in kissing with Amn Ricky Vicky, whom the accused knew was a specially protected junior Servicemember in initial active duty training.

Model Specification for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces

In that __________ (personal jurisdiction data), a (commissioned) (warrant) (noncommissioned) (petty) officer, while in a position of authority over _______ did, (at/on board–location), on or about __________, engage in a prohibited act, to wit: __________ with _________, whom the accused knew was a specially protected junior Servicemember in initial active duty training.

What are the Definitions for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces?

“Prohibited sexual activity” means, as specified in [cite the regulation(s) prescribed by the Secretary concerned, including paragraph number], inappropriate physical intimacy, including: [describe the prohibited conduct described in the regulation(s)].

Consent is not a defense to this offense.

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

(a) 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;

(b) a member of the armed 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 armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial entry career qualification.

“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.

“Training leadership position” means, with respect to a specially protected junior member of the armed 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 armed forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification, and (b) faculty and staff at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.

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

Potential Collateral Consequences of a Federal Conviction

Employment will be severely limited (many employers won’t hire a convict)
Inability to enroll in college, university, or trade school
Loss of GI Bill
Loss of military career
Loss of retirement benefits.
Loss of VA benefits.
Loss of medical benefits.
Loss of spouse, family members, and friends
Loss of income while in jail
Mental, physical suffering before and after prison
Ineligibility for public benefits, such as food stamps
Ineligibility for government-sponsored student loans and grants;
Restrictions on certain types of employment or occupational licenses;
Ineligibility to provide foster care to minor family members
Prohibitions on working with children
Loss of professional license or certification
Limitations on adoption or foster care

Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces Military Defense Lawyers

If you are suspected or accused of Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member of the Armed Forces, speak with one of our experienced military court martial lawyers to discuss your case.

Moreover, skilled defense lawyers can offer essential guidance throughout the legal proceedings, helping the accused navigate the complex military justice system. This support is vital in ensuring that the accused’s rights are protected and that they have the best possible chance for a favorable outcome. Seeking legal assistance promptly can make a significant difference in the trajectory of the case and the potential consequences the accused faces.

In conclusion, facing charges under Article 93a UCMJ is a serious matter that requires immediate and competent legal representation. The best military defense lawyers, particularly those experienced as Article 120 UCMJ lawyers, can provide the necessary support and defense to protect the accused’s rights and future.

Article 93a UCMJ: Prohibited Acts with Specially Protected Junior Member of the Armed Forces

Article 93a of the Uniform Code of Military Justice (UCMJ) addresses prohibited acts with specially protected junior members of the Armed Forces. This article aims to safeguard the welfare of junior personnel who are particularly vulnerable due to their rank, age, or position within the military hierarchy. Protecting these individuals is critical for maintaining good order and discipline within the military.

Basics of Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member

To secure a conviction under Article 93a for prohibited acts with a specially protected junior member of the Armed Forces, the prosecution must prove the following elements beyond a reasonable doubt:

Protected Status: The victim was a junior member of the Armed Forces who is considered specially protected due to their rank, age, or position.
Prohibited Acts: The accused engaged in acts that are specifically prohibited under military regulations or UCMJ, which could include abuse, maltreatment, or exploitation.
Knowledge: The accused knew or should have known that the victim was a specially protected junior member of the Armed Forces.
Intent: The acts were carried out with the intent to abuse, humiliate, harass, or degrade the junior member, or to exploit their vulnerability.

Collateral Consequences of Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member Conviction

A conviction under Article 93a can lead to numerous collateral consequences beyond the immediate punishments imposed by the court-martial. These include:

Employment Challenges: A dishonorable or bad conduct discharge can make it difficult to find civilian employment, particularly in positions that require a security clearance or background check.
Loss of Military Benefits: Convicted individuals typically lose all military benefits, including retirement pay, healthcare benefits, and access to military facilities.
Social Stigma: The stigma of being convicted for abusing or exploiting a junior member can lead to social ostracism, harassment, and difficulties in maintaining personal relationships.
Legal Restrictions: Depending on the nature of the prohibited acts, the convicted individual may face additional legal restrictions, such as limitations on contact with military installations or certain individuals.

Impact on the Victim of Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member Crime

The impact of prohibited acts on specially protected junior members can be profound and long-lasting. Victims may experience a range of emotional, psychological, and physical effects, including:

Emotional Trauma: Feelings of fear, shame, guilt, and anxiety are common among victims of abuse or exploitation. These feelings can persist into adulthood and affect all areas of life.
Psychological Issues: Victims may develop mental health conditions such as depression, post-traumatic stress disorder (PTSD), and other anxiety disorders.
Physical Health Problems: The stress and trauma of abuse can lead to physical health issues, including sleep disturbances, headaches, and gastrointestinal problems.
Behavioral Changes: Victims may exhibit changes in behavior, such as withdrawal from social activities, difficulty in performing their duties, and increased risk-taking behaviors.
Relationship Difficulties: Trust issues and difficulties in forming healthy relationships are common among survivors of abuse and exploitation.

Legal Defenses for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member

Accused individuals can present a defense against charges under Article 93a. Common defenses include:

Mistaken Identity: The defense may argue that the accused was not the individual who committed the prohibited acts.
False Accusations: The defense may present evidence suggesting that the accusations are false or motivated by ulterior motives.
Lack of Intent: The defense may argue that the actions were misinterpreted and were not intended to abuse, humiliate, harass, or degrade the junior member.
Consent: While consent is generally not a valid defense in cases involving abuse or exploitation of specially protected individuals, it may be argued in specific contexts if the acts were consensual and within the bounds of military regulations.

Importance of Legal Representation in Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member Case

Given the serious nature of the charges and the severe consequences of a conviction, it is crucial for individuals accused under Article 93a to seek experienced legal representation. A qualified military defense attorney can provide guidance, build a strong defense, and protect the accused’s rights throughout the legal process.

Prevention and Training

The military strongly emphasizes preventing prohibited acts through comprehensive training and education. Service members are regularly trained to recognize and report abuse, understand the boundaries of appropriate conduct, and respect the rights and dignity of all personnel. Commanders and leaders are also trained to create environments where junior members feel safe and supported and where misconduct is promptly addressed.

Military Defense Lawyers for Article 93a UCMJ Prohibited Acts with Specially Protected Junior Member Cases

Article 93a UCMJ’s provisions on prohibited acts with specially protected junior members of the Armed Forces are designed to maintain good order and discipline while protecting the most vulnerable members of the military community. The severe penalties and collateral consequences underscore the gravity of such offenses. Understanding the elements of the offense, potential defenses, and the importance of legal representation is essential for anyone facing such charges.