18 U.S.C. § 2242

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 2242 - Sexual abuse

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly-

(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);

(2) engages in a sexual act with another person if that other person is-

(A) incapable of appraising the nature of the conduct; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or

(3) engages in a sexual act with another person without that other person's consent, to include doing so through coercion;

or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.

18 U.S.C. § 2242

Added Pub. L. 99-646, §87(b), Nov. 10, 1986, 100 Stat. 3621, and Pub. L. 99-654, §2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 103-322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 109-162, title XI, §1177(a)(3), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109-248, title II, §§205, July 27, 2006, 207, July 27, 2006, 120 Stat. 613, 615; Pub. L. 110-161, div. E, title V, §554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117-103, div. W, title XII, §1202(b), Mar. 15, 2022, 136 Stat. 924.

EDITORIAL NOTES

CODIFICATION Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2242.

AMENDMENTS2022-Par. (3). Pub. L. 117-103 added par. (3). 2007- Pub. L. 110-161 substituted "the head of any Federal department or agency" for "the Attorney General" in introductory provisions. 2006- Pub. L. 109-248 inserted comma after "Attorney General" in introductory provisions and substituted "and imprisoned for any term of years or for life" for ", imprisoned not more than 20 years, or both" in concluding provisions. Pub. L. 109-162 inserted "or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General" after "in a Federal prison," in introductory provisions. 1994-Par. (1). Pub. L. 103-322 substituted "kidnapping" for "kidnaping".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117-103 set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

prison: the term "prison" means a correctional, detention, or penal facility;
serious bodily injury: the term "serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
sexual act: the term "sexual act" means-(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;