18 U.S.C. § 2243 — Sexual abuse of a minor, a ward, or an individual in Federal custody
submitted 40 years ago by Pub. L. 99-646 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 365 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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—
has attained the age of 12 years but has not attained the age of 16 years; and
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.
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—
in official detention*; and
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.
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.
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.
In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew—
the age of the other person engaging in the sexual act; or
that the requisite age difference existed between the persons so engaging.
Source credit: (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.)
- 1986Enacted · Pub. L. 99-646 · 100 Stat. 3621
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4818
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009, 3009
- 1998Amended · Pub. L. 105-314 · 112 Stat. 2979
- 2006Amended · Pub. L. 109-162 · 119 Stat. 3125
- 2006Amended · Pub. L. 109-248 · 120 Stat. 615
- 2007Amended · Pub. L. 110-161 · 121 Stat. 2082
- 2022Amended · Pub. L. 117-103 · 136 Stat. 924, 935
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-646 on 1986-11-10.
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