10 U.S.C. § 8464 | 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, Marine Corps, or Space Force 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, § 1301(c)(2)Nov. 8, 198599 Stat. 736 Pub. L. 101–189, div. A, title XVI, § 1622(e)(8)Nov. 29, 1989103 Stat. 1605 Pub. L. 115–232, div. A, title VIII, § 807(c)(1)Aug. 13, 2018132 Stat. 1836 Pub. L. 116–283, div. A, title IX, § 924(d)(1)Jan. 1, 2021134 Stat. 3826(, , § 6964; , , ; , , ; renumbered § 8464, , , ; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6964(a)	34 U.S.C. 1064.	Apr. 9, 1906, ch. 1370, § 4, 34 Stat. 105.
6964(b)	34 U.S.C. 1063.	Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st 28 words of 1st proviso).
6964(c)	34 U.S.C. 1065.	Apr. 9, 1906, ch. 1370, § 2 (last 54 words), 34 Stat. 104.
6964(d), (e)	34 U.S.C. 1066.	June 23, 1874, ch. 453, 18 Stat. 203; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (29th to 49th word of 1st proviso); Apr. 9, 1906, ch. 1370, § 3, 34 Stat. 104; May 5, 1950, ch. 169, § 11, 64 Stat. 146.
6964(f)	34 U.S.C. 1067.	Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (last 43 words of 1st proviso).

§ 6965 of this titleIn 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 , 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 § 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.

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (f). substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Pub. L. 115–232 section 6964 of this title2018— renumbered as this section.

Pub. L. 101–1891989—Subsec. (a). inserted “, the term” after “In this chapter”.

Pub. L. 99–1451985—Subsec. (e). substituted “persons” for “men”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .