18 U.S.C. § 2244

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

Section 2244 - Abusive sexual contact

(a) SEXUAL CONDUCT IN CIRCUMSTANCES WHERE SEXUAL ACTS ARE PUNISHED BY THIS CHAPTER.-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 engages in or causes sexual contact with or by another person, if so to do would violate-

(1) subsection (a) or (b) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both;

(2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both;

(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;

(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;

(5) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for any term of years or for life; or

(6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; ¹

(b) IN OTHER CIRCUMSTANCES.-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 engages in sexual contact with another person without that other person's permission shall be fined under this title, imprisoned not more than two years, or both.

(c) OFFENSES INVOLVING YOUNG CHILDREN.-If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.

¹ So in original. The semicolon probably should be a period.

18 U.S.C. § 2244

Added Pub. L. 99-646, §87(b), Nov. 10, 1986, 100 Stat. 3622, and Pub. L. 99-654, §2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 100-690, title VII, §7058(a), Nov. 18, 1988, 102 Stat. 4403; Pub. L. 103-322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 105-314, title III, §302, Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109-162, title XI, §1177(a)(5), (b) (2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109-248, title II, §§206(a)(2), 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(d), Mar. 15, 2022, 136 Stat. 925.

EDITORIAL NOTES

CODIFICATION Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2244.

AMENDMENTS2022-Subsec. (a)(6). Pub. L. 117-103 added par. (6). 2007-Subsecs. (a), (b). Pub. L. 110-161 substituted "the head of any Federal department or agency" for "the Attorney General". 2006-Subsec. (a). Pub. L. 109-248, §207(2), inserted comma after "Attorney General" in introductory provisions. Pub. L. 109-162, §1177(a)(5), 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. Subsec. (a)(1). Pub. L. 109-248, §206(a)(2)(A)(i), inserted "subsection (a) or (b) of" before "section 2241 of this title". Subsec. (a)(4). Pub. L. 109-162, §1177(b)(2), substituted "two years" for "six months". Subsec. (a)(5). Pub. L. 109-248, §206(a)(2)(A)(ii)-(iv), added par. (5).Subsec. (b). Pub. L. 109-248, §207(2), inserted comma after "Attorney General". Pub. L. 109-162, §1177(a)(5), (b) (2), 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," and substituted "two years" for "six months". Subsec. (c). Pub. L. 109-248, §206(a)(2)(B), inserted "(other than subsection (a)(5))" after "violates this section". 1998-Subsec. (c). Pub. L. 105-314 added subsec. (c).1994-Subsecs. (a)(4), (b). Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000".1988-Subsec. (a). Pub. L. 100-690 substituted "ten years" for "five years" in par. (1) and "two years" for "one year" in par. (3).

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;
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;
sexual contact: the term "sexual contact" means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;