34 U.S.C. § 30309 — Definitions

This section defines twelve terms used throughout the chapter. (1) Carnal knowledge means contact between the penis and the vulva, or the penis and the anus, including any penetration, however slight. (2) Inmate means any person held or detained in any facility who is accused of, convicted of, sentenced for, or found delinquent for breaking a criminal law, or for violating the terms of parole, probation, pretrial release, or a diversionary program. (3) Jail means a confinement facility run by a federal, state, or local law enforcement agency that holds (A) people waiting for their criminal charges to be decided, or (B) people confined after their charges were decided, for sentences of one year or less. (4) HIV means the human immunodeficiency virus. (5) Oral sodomy means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus. (6) Police lockup means a temporary holding facility run by a federal, state, or local law enforcement agency that holds (A) inmates waiting for bail or transport to jail, (B) intoxicated people until they are ready for release, or (C) juveniles waiting for a parent to pick them up or for shelter placement. (7) Prison means any confinement facility of a federal, state, or local government — whether the government runs it or a private organization runs it on the government's behalf. This includes (A) any local jail or police lockup, and (B) any juvenile facility that holds juvenile inmates. (8) Prison rape includes the rape of an inmate who is under the actual or constructive control of prison officials. (9) Rape means (A) carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, done forcibly or against that person's will; (B) the same acts done without force and without the person's consent, where the victim cannot consent because of youth or a temporary or permanent mental or physical incapacity; or (C) the same acts obtained by exploiting the person's fear or a threat of physical violence or injury. (10) Sexual assault with an object means using a hand, finger, object, or other instrument to penetrate — even slightly — the genital or anal opening of another person's body. (11) Sexual fondling means touching another person's private body parts (including the genitals, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification. (12) Exclusions. The rules in paragraphs (9) and (10) do not apply to (A) custodial or medical staff gathering physical evidence, or giving other legitimate medical treatment, while investigating a prison rape; (B) a health care provider using hands, fingers, or medical devices during appropriate medical treatment unrelated to prison rape; or (C) a health care provider using hands, fingers, or instruments to do body cavity searches to keep the facility secure and safe, as long as the search follows constitutional requirements.