18 U.S.C. § 2243

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody
(a) OF A MINOR.-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 a sexual act with another person who-
(1) has attained the age of 12 years but has not attained the age of 16 years; and
(2) is at least four years younger than the person so engaging;

or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.

(b) OF A WARD.-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 a sexual act with another person who is-
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority of the person so engaging;

or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.

(c) OF AN INDIVIDUAL IN FEDERAL CUSTODY.-Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both.
(d) DEFENSES.-In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years.
(e) STATE OF MIND PROOF REQUIREMENT.-In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew-
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the persons so engaging.

18 U.S.C. § 2243

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. 101-647, title III, §322, Nov. 29, 1990, 104 Stat. 4818; Pub. L. 104-208, div. A, title I, §101(a) [title I, §121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub. L. 105-314, title III, §301(b), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109-162, title XI, §1177(a)(4), (b) (1), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109-248, title II, §207, July 27, 2006, 120 Stat. 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(c)(1), title XIII, §1312, Mar. 15, 2022, 136 Stat. 924, 935.

EDITORIAL NOTES

CODIFICATION Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.

AMENDMENTS2022- Pub. L. 117-103, §1202(c)(1)(A), substituted "Sexual abuse of a minor, a ward, or an individual in Federal custody" for "Sexual abuse of a minor or ward" in section catchline.Subsec. (c). Pub. L. 117-103, §1202(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117-103, §1312, struck out par. (1) designation before "In a prosecution" and struck out par. (2) which read as follows: "In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other." Amendment was directed to subsec. (c) but executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 117-103, §1202(c)(1)(B). See below. Pub. L. 117-103, §1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 117-103, §1202(c)(1)(B), redesignated subsec. (d) as (e). 2007-Subsecs. (a), (b). Pub. L. 110-161 substituted "the head of any Federal department or agency" for "the Attorney General" in introductory provisions.2006-Subsec. (a). Pub. L. 109-248, §207(2), inserted comma after "Attorney General" in introductory provisions. Pub. L. 109-162, §1177(a)(4), 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. (b). Pub. L. 109-248 inserted comma after "Attorney General" in introductory provisions and substituted "15 years" for "five years" in concluding provisions. Pub. L. 109-162, §1177(a)(4), (b) (1), 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 and substituted "five years" for "one year" in concluding provisions. 1998-Subsec. (a). Pub. L. 105-314 struck out "crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or" after "Whoever" in introductory provisions.1996-Subsec. (a). Pub. L. 104-208 inserted "crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or" after "Whoever" in introductory provisions.1990-Subsec. (a). Pub. L. 101-647 substituted "15 years" for "five years" in concluding provisions.

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.

State
the term "State" means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and
official detention
the term "official detention" means-(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation;but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency;
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;