
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6964]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 603--UNITED STATES NAVAL ACADEMY
 
Sec. 6964. Hazing: definition; prohibition

    (a) In this chapter, the term ``hazing'' means any unauthorized 
assumption of authority by a midshipman whereby another midshipman 
suffers or is exposed to any cruelty, indignity, humiliation, hardship, 
or oppression, or the deprivation or abridgement of any right.
    (b) The Superintendent of the Naval Academy shall prescribe 
regulations, to be approved by the Secretary of the Navy, to prevent 
hazing.
    (c) Hazing is an offense that may be dealt with as an offense 
against good order and discipline or as a violation of the regulations 
of the Naval Academy. However, no midshipman may be dismissed for a 
single act of hazing except by sentence of a court-martial.
    (d) The finding and sentence of a court-martial of a midshipman for 
hazing shall be reviewed in the manner prescribed for general court-
martial cases.
    (e) A midshipman who is sentenced to imprisonment for hazing may not 
be confined with persons who have been convicted of crimes or 
misdemeanors.
    (f) A midshipman who is dismissed from the Academy for hazing may 
not be reappointed as a midshipman or be appointed as a commissioned 
officer in the Army, Navy, Air Force, or Marine Corps until two years 
after the graduation of the class of which he was a member.

(Aug. 10, 1956, ch. 1041, 70A Stat. 433; Pub. L. 99-145, title XIII, 
Sec. 1301(c)(2), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101-189, div. A, 
title XVI, Sec. 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6964(a)...............................  34 U.S.C. 1064.                      Ap
r. 9, 1906, ch. 1370, Sec.  4, 34
                                                                              S
tat. 105.
6964(b)...............................  34 U.S.C. 1063.                      Ma
r. 3, 1903, ch. 1010, 32 Stat.
                                                                              1
198 (1st 28 words of 1st
                                                                              p
roviso).
6964(c)...............................  34 U.S.C. 1065.                      Ap
r. 9, 1906, ch. 1370, Sec.  2
                                                                              (
last 54 words), 34 Stat. 104.
6964(d), (e)..........................  34 U.S.C. 1066.                      Ju
ne 23, 1874, ch. 453, 18 Stat.
                                                                              2
03; Mar. 3, 1903, ch. 1010, 32
                                                                              S
tat. 1198 (29th to 49th word of
                                                                              1
st proviso); Apr. 9, 1906, ch.
                                                                              1
370, Sec.  3, 34 Stat. 104; May
                                                                              5
, 1950, ch. 169, Sec.  11, 64
                                                                              S
tat. 146.
6964(f)...............................  34 U.S.C. 1067.                      Ma
r. 3, 1903, ch. 1010, 32 Stat.
                                                                              1
198 (last 43 words of 1st
                                                                              p
roviso).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the words ``privilege, or advantage to which he 
shall legally be entitled'' are omitted as surplusage, since they are 
covered by the word ``right''. The definition in this subsection is made 
applicable throughout the chapter to cover Sec. 6965 of this title, 
since the reference in that section to hazing was also derived from the 
act which is the source for this subsection.
    In subsection (b) the words ``prescribe regulations * * * to prevent 
hazing'' are substituted for the words ``make such rules * * * as will 
effectually prevent the practice of hazing''.
    In subsection (c) the words ``dealt with'' are substituted for the 
words ``proceeded against, dealt with, and punished''. The word 
``regulations'' is substituted for the word ``rules'' for uniformity and 
the words ``and breaches'' are omitted as surplusage. The words ``except 
by sentence of a court-martial'' are substituted for the words ``except 
under the provisions of section three of this Act'' because Sec. 3 of 
the source statute provided for a Naval Academy court-martial with 
special provisions for handling cases involving hazing. The enactment of 
the Uniform Code of Military Justice made midshipmen at the Naval 
Academy subject to the same military law which applies generally to the 
naval service, thereby superseding the special type of court-martial for 
midshipmen. A court-martial under the Uniform Code of Military Justice 
has the power to sentence anyone convicted by it to dismissal if 
authorized by the Table of Maximum Punishments.
    In subsections (d) and (e) all that part of the source text 
preceding the proviso is omitted as superseded by the Uniform Code of 
Military Justice. The words ``in a military or naval prison or 
elsewhere'' are omitted as surplusage.


                               Amendments

    1989--Subsec. (a). Pub. L. 101-189 inserted ``, the term'' after 
``In this chapter''.
    1985--Subsec. (e). Pub. L. 99-145 substituted ``persons'' for 
``men''.
