Article 93a | Prohibited Activities with Military Recruit

Facing an Article 93a Charge? You’re already serving in a difficult recruiting job. Now your command attacks your character. Frustration and a damaged reputation can feel devastating. Don’t go it alone. Military Law Center can help.

Prohibited activities with a military recruit by a person in a position of special trust is an offense punishable by court-martial.  The allegation alone can be disastrous to your career, reputation, and promotion goals.  Even an investigation under Article 93a can trigger administrative or criminal consequences depending on the severity.  The government may charge Article 93a under two theories:

1. Abuse of Training Leadership Position
2. Abuse of Position as a Military Recruiter

The government must prove the following elements at trial to prove Abuse of Training Leadership Position:

1. That the accused was a commissioned, warrant, noncommissioned or petty officer;
2. That the accused was in a training leadership position with respect to a specially protected member of the armed forces; and 
3. That the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was a specially protected junior member of the armed forces.

The government must prove the following elements at trial to prove Abuse of Position as a Military Recruiter:

1. That the accused was a commissioned, warrant, noncommissioned or petty officer;
2. That the accused was performing duties as a military recruiter; and 
3. That the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was an applicant for military service or;
4. That the accused engaged in prohibited sexual activity with a person the accused knew, or reasonably should have known, was a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

The terms found within the elements above have specific definitions.  The following definitions apply:

1. Knowledge.  The accused must have actual or constructive knowledge that a person was a “specially protected junior member of the armed forces” or an “applicant for military service”. Knowledge may be proved by circumstantial evidence.  Actual knowledge need not be shown if the accused reasonably should have known under the circumstances the person’s protected or applicant status.
2. Consent:  Consent is not a defense to an Article 93a offense.

An Article 93a charge can feel daunting to defend against, but there are potential defenses available to fight the accusation:

• Lacking Knowledge:
  Showing the recruiter should not have reasonably assumed the person was an applicant or protected person would be a defense to this charge.  For example, some recruiters go home on leave and go out with friends to a bar. If a defense team can show the person the recruiter met at a bar never discussed military aspirations and never met with the recruiter before, then that may be a successful defense.

• No Prohibited Activities Occurred: 
  Recruiters who are accused by poolees or applicants may be able to defend an Article 93a allegation with an alibi defense for the claimed time of the misconduct.  A successful defense team will create a timeline and interview witnesses to develop the required evidence.

The maximum punishment for Article 93a is a Dishonorable Discharge, Forfeitures of all pay and allowances, and confinement for five (5) years.

Although the punishment for Article 93a listed in the Manual for Court-Martial is shown above, there can be additional punishments.  For example, a service member may be punished with restriction, fines not to exceed the jurisdictional maximum, and punitive letters of reprimand.  Additionally, the criminal conviction itself may trigger collateral consequences later in life.

An Article 93a charge and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.

Facing an Article 93a accusation can be a devastating blow to your military career and reputation. The potential consequences, including a Dishonorable Discharge and imprisonment, are severe. Moreover, the stigma associated with these charges can make it difficult to find future employment. At Military Law Center, we understand the unique challenges you face. Our team of experienced military defense attorneys has a proven track record of success in defending service members against Article 93a allegations. We will fight aggressively to protect your rights and minimize the impact on your military future.

Facing an Article 93a charge can be a frustrating and stressful experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Attorneys:
  Our team is comprised of former military judge advocates (JAGs) with a profound understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice.
• Personalized Attention:
  We treat every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defense options and work tirelessly to protect your career and future.
• Clear Communication:
  We understand legal jargon can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 93 Charges Alone. Military Law Center Can Help.

An Article 93a charge can stall your military career and damage your reputation. But you don’t have to fight this alone. Military Law Center has a proven track record of success defending service members facing the most serious charges. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation. We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038