§ 2241. Aggravated sexual abuse

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 87(b) · 100 Stat. 3592

   Enacted · 18 U.S.C. § 2241

   Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3660

   Source evidence

   Code source credit
   Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3660

   Enacted provision · exact public law section
   (b) Definition of Sexual Abuse Offenses.— Title 18, United States Code, is amended by inserting after chapter 109 the following new chapter: “CHAPTER 109A— SEXUAL ABUSE “Sec. “2241. Aggravated sexual abuse. “2242. Sexual abuse. “2243. Sexual abuse of a minor or ward. “2244. Abusive sexual contact. “2245. Definitions for chapter. “§ 2241. Aggravated sexual abuse “(a) By Force or Threat.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act— “(1) by using force against that other person; or “(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. “(b) By Other Means.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— “(1) renders another person unconscious and thereby engages in a sexual act with that other person; or “(2) administers to another person by force or threat of force, Drugs and drug abuse. Alcohol and alcoholic beverages. or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— “(A) substantially impairs the ability of that other person to appraise or control conduct; and “(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. “(c) With Children.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. “(d) State of Mind Proof Requirement.— In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years. “§ 2242. Sexual abuse “Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 kidnaping); or “(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 attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both. “§ 2243. Sexual abuse of a minor or ward “(a) Of a Minor.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 five years, or both. “(b) Of a Ward.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 one year, or both. “(c) Defenses.— (1) 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. “(2) 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. “(d) 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. “§ 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, knowingly engages in or causes sexual contact with or by another person, if so to do would violate— “(1) section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than five 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 one year, or both; or “(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined not more than $5,000, imprisoned not more than six months, or both. “(b) In Other Circumstances.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in sexual contact with another person without that other person’s permission shall be fined not more than $5,000, imprisoned not more than six months, or both. “§ 2245. Definitions for chapter “As used in this chapter— “(1) the term ‘prison’ means a correctional, detention, or penal facility; “(2) 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; or “(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; and “(3) 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; “(4) 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; “(5) 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.”.

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330021(1) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 2241(a)(2)

   Pub. L. 103–322 substituted “kidnapping” for “kidnaping”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.

   Enacted provision · exact public law section
   (1) by striking “kidnaping” each place it appears and inserting “kidnapping”; and

3. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(a)(tI)(s121) · 110 Stat. 3009

   Amended · 18 U.S.C. § 2241(c)

   Pub. L. 104–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.”

   Enacted provision · exact public law section
   (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

4. 1998

   Protection of Children From Sexual Predators Act of 1998

   Pub. L. 105–314 title III § 301(a) · 112 Stat. 2974

   Substituted · 18 U.S.C. § 2241(c)

   Pub. L. 105–314 substituted “younger than the person so engaging” for “younger than that person”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–314 substituted “younger than the person so engaging” for “younger than that person”.

   Enacted provision · exact public law section
   (a) Making Consistent Language on Age Differential.— Section 2241(c) of title 18, United States Code, is amended by striking “younger than that person” and inserting “younger than the person so engaging”.

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(1) · 119 Stat. 2960

   Inserted · 18 U.S.C. § 2241(a); 18 U.S.C. § 2241(b)

   Pub. L. 109–162, § 1177(a)(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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 1177(a)(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.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) of section 2241.

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(2) · 119 Stat. 2960

   Inserted · 18 U.S.C. § 2241(c)

   Pub. L. 109–162, § 1177(a)(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,” in first sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 1177(a)(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,” in first sentence.

   Enacted provision · exact public law section
   (2) The first sentence of subsection (c) of section 2241.

7. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 § 207(2) · 120 Stat. 587

   Inserted · 18 U.S.C. § 2241(a); 18 U.S.C. § 2241(b)

   Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions.

   Enacted provision · exact public law section
   (2) 18 USC 2241–2244. by inserting a comma after “Attorney General” each place it appears.

8. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 title II · 120 Stat. 587

   1. Inserted · 18 U.S.C. § 2241(c)

      Pub. L. 109–248 inserted comma after “Attorney General”

   2. Substituted · 18 U.S.C. § 2241(c)

      Pub. L. 109–248 substituted “and imprisoned for not less than 30 years or for life” for “, imprisoned for any term of years or life, or both” in first sentence

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–248 inserted comma after “Attorney General” and substituted “and imprisoned for not less than 30 years or for life” for “, imprisoned for any term of years or life, or both” in first sentence.

   Enacted provision · exact public law
   TITLE II— FEDERAL CRIMINAL LAW ENHANCEMENTS NEEDED TO PROTECT CHILDREN FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES SEC. 201. PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.   Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: “(g) Internet Sales of Date Rape Drugs.— “(1) Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that— “(A) the drug would be used in the commission of criminal sexual conduct; or “(B) the person is not an authorized purchaser; shall be fined under this title or imprisoned not more than 20 years, or both. “(2) As used in this subsection: “(A) The term ‘date rape drug’ means— “(i) gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4–butanediol; “(ii) ketamine; “(iii) flunitrazepam; or “(iv) any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, United States Code, to be used in committing rape or sexual assault. The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority. “(B) The term ‘authorized purchaser’ means any of the following persons, provided such person has acquired the controlled substance in accordance with this Act: “(i) A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A ‘qualifying medical relationship’ means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. “(ii) Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this Act. “(iii) A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any ‘date rape drug’ for which a prescription is not required. “(3) Regulations. Records. Reports. The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4–butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this Act.” . SEC. 202. JETSETA GAGE ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.   Section 3559 of title 18, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: “(f) Mandatory Minimum Terms of Imprisonment for Violent Crimes Against Children.— A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense— “(1) if the crime of violence is murder, be imprisoned for life or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of subparagraphs (A) through (D) of section 3591(a)(2) of this title; “(2) if the crime of violence is kidnapping (as defined in section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and “(3) if the crime of violence results in serious bodily injury (as defined in section 1365), or if a dangerous weapon was used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10.” . SEC. 203. PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS.   Section 2422(b) of title 18, United States Code, is amended by striking “not less than 5 years and not more than 30 years” and inserting “not less than 10 years or for life”. SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION.   Section 2423(a) of title 18, United States Code, is amended by striking “5 years and not more than 30 years” and inserting “10 years or for life”. SEC. 205. PENALTIES FOR SEXUAL ABUSE.   Section 2242 of title 18, United States Code, is amended by striking “, imprisoned not more than 20 years, or both” and inserting “and imprisoned for any term of years or for life”. SEC. 206. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN. (a) Sexual Abuse and Contact.— (1) Aggravated sexual abuse of children.— Section 2241(c) of title 18, United States Code, is amended by striking “, imprisoned for any term of years or life, or both” and inserting “and imprisoned for not less than 30 years or for life”. (2) Abusive sexual contact with children.— Section 2244 of chapter 109A of title 18, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting “subsection (a) or (b) of” before “section 2241”; (ii) by striking “or” at the end of paragraph (3); (iii) by striking the period at the end of paragraph (4) and inserting “; or”; and (iv) by inserting after paragraph (4) the following: “(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.” ; and (B) in subsection (c), by inserting “(other than subsection (a)(5))” after “violates this section”. (3) Sexual abuse of children resulting in death.— Section 2245 of title 18, United States Code, is amended to read as follows: “§ 2245. Offenses resulting in death “(a) In General.— A person who, in the course of an offense under this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, murders an individual, shall be punished by death or imprisoned for any term of years or for life.” . (4) Death penalty aggravating factor.— Section 3592(c)(1) of title 18, United States Code, is amended by inserting “section 2245 (offenses resulting in death),” after “(wrecking trains),”. (b) Sexual Exploitation and Other Abuse of Children.— (1) Sexual exploitation of children.— Section 2251(e) of title 18, United States Code, is amended— (A) by inserting “section 1591,” after “this chapter,” the first place it appears; (B) by striking “the sexual exploitation of children” the first place it appears and inserting “aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography”; and (C) by striking “any term of years or for life” and inserting “not less than 30 years or for life”. (2) Activities relating to material involving the sexual exploitation of children.— Section 2252(b) of title 18, United States Code, is amended in paragraph (1)— (A) by striking “paragraphs (1)” and inserting “paragraph (1)”; (B) by inserting “section 1591,” after “this chapter,”; and (C) by inserting “, or sex trafficking of children” after “pornography”. (3) Activities relating to material constituting or containing child pornography.— Section 2252A(b) of title 18, United States Code, is amended in paragraph (1)— (A) by inserting “section 1591,” after “this chapter,”; and (B) by inserting “, or sex trafficking of children” after “pornography”. (4) Using misleading domain names to direct children to harmful material on the internet.— Section 2252B(b) of title 18, United States Code, is amended by striking “4” and inserting “10”. (5) Extraterritorial child pornography offenses.— Section 2260(c) of title 18, United States Code, is amended to read as follows: “(c) Penalties.— “(1) A person who violates subsection (a), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (e) of section 2251 for a violation of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in that subsection. “(2) A person who violates subsection (b), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (b)(1) of section 2252 for a violation of paragraph (1), (2), or (3) of subsection (a) of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in subsection (b)(1) of section 2252.” . (c) Mandatory Life Imprisonment for Certain Repeated Sex Offenses Against Children.— Section 3559(e)(2)(A) of title 18, United States Code, is amended by inserting “1591 (relating to sex trafficking of children),” after “under section”. SEC. 207. SEXUAL ABUSE OF WARDS.   Chapter 109A of title 18, United States Code, is amended— (1) in section 2243(b), by striking “five years” and inserting “15 years”; and (2) 18 USC 2241–2244. by inserting a comma after “Attorney General” each place it appears. SEC. 208. MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN.   Section 1591(b) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by striking “or imprisonment” and inserting “and imprisonment”; (B) by inserting “not less than 15” after “any term of years”; and (C) by striking “, or both”; and (2) in paragraph (2)— (A) by striking “or imprisonment for not more than 40 years, or both” and inserting “and imprisonment for not less than 10 years or for life”; and (B) by striking “, or both”. SEC. 209. CHILD ABUSE REPORTING.   Section 2258 of title 18, United States Code, is amended by striking “guilty of a Class B misdemeanor” and inserting “fined under this title or imprisoned not more than 1 year or both”. SEC. 210. SEX OFFENDER SUBMISSION TO SEARCH AS CONDITION OF RELEASE. (a) Conditions of Probation.— Section 3563(b) of title 18, United States Code, is amended— (1) in paragraph (21), by striking “or” ; (2) in paragraph (22) by striking the period at the end and inserting “or;” and (3) by inserting after paragraph (22) the following: “(23) if required to register under the Sex Offender Registration and Notification Act, submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer’s supervision functions.” . (b) Supervised Release.— Section 3583(d) of title 18, United States Code, is amended by adding at the end the following: “The court may order, as an explicit condition of supervised release for a person who is a felon and required to register under the Sex Offender Registration and Notification Act, that the person submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communications or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer’s supervision functions.”. SEC. 211. NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES.   Chapter 213 of title 18, United States Code, is amended— (1) by adding at the end the following: “§ 3299. Child abduction and sex offenses   “Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110 (except for section 2257 and 2257A), or 117, or section 1591.” ; and (2) by adding at the end of the table of sections at the beginning of the chapter the following new item: “3299. Child abduction and sex offenses”. SEC. 212. VICTIMS’ RIGHTS ASSOCIATED WITH HABEAS CORPUS PROCEEDINGS.   Section 3771(b) of title 18, United States Code, is amended— (1) by striking “In any court proceeding” and inserting the following: “(1) In general.— In any court proceeding” ; and (2) by adding at the end the following: “(2) Habeas corpus proceedings.— “(A) In general.— In a Federal habeas corpus proceeding arising out of a State conviction, the court shall ensure that a crime victim is afforded the rights described in paragraphs (3), (4), (7), and (8) of subsection (a). “(B) Enforcement.— “(i) In general.— These rights may be enforced by the crime victim or the crime victim’s lawful representative in the manner described in paragraphs (1) and (3) of subsection (d). “(ii) Multiple victims.— In Applicability. a case involving multiple victims, subsection (d)(2) shall also apply. “(C) Limitation.— This paragraph relates to the duties of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government. “(D) Definition.— For purposes of this paragraph, the term ‘crime victim’ means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person’s family member or other lawful representative.” . SEC. 213. KIDNAPPING JURISDICTION.   Section 1201 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking “if the person was alive when the transportation began” and inserting “, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense”; and (2) in subsection (b), by striking “to interstate” and inserting “in interstate”. SEC. 214. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.   The Committee on Rules, Practice, Procedure, and Evidence of the Judicial Conference of the United States shall study the necessity and desirability of amending the Federal Rules of Evidence to provide that the confidential marital communications privilege and the adverse spousal privilege shall be inapplicable in any Federal proceeding in which a spouse is charged with a crime against— (1) a child of either spouse; or (2) a child under the custody or control of either spouse. SEC. 215. ABUSE AND NEGLECT OF INDIAN CHILDREN.   Section 1153(a) of title 18, United States Code, is amended by inserting “felony child abuse or neglect,” after “years,”. SEC. 216. IMPROVEMENTS TO THE BAIL REFORM ACT TO ADDRESS SEX CRIMES AND OTHER MATTERS.   Section 3142 of title 18, United States Code, is amended— (1) in subsection (c)(1)(B), by inserting at the end the following: “In any case that involves a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title, or a failure to register offense under section 2250 of this title, any release order shall contain, at a minimum, a condition of electronic monitoring and each of the conditions specified at subparagraphs (iv), (v), (vi), (vii), and (viii).”. (2) in subsection (f)(1)— (A) in subparagraph (C), by striking “or” at the end; and (B) by adding at the end the following: “(E) any felony that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device (as those terms are defined in section 921), or any other dangerous weapon, or involves a failure to register under section 2250 of title 18, United States Code; or” ; and (3) in subsection (g), by striking paragraph (1) and inserting the following: “(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;” .

9. 2007

   Department of Homeland Security Appropriations Act, 2008

   Pub. L. 110–161 div. E title V § 554 · 121 Stat. 1844

   Substituted · 18 U.S.C. § 2241(a)(c)

   Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General”.

   Enacted provision · exact public law section
   Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18, United States Code, are each amended by striking “the Attorney General” each place that term appears and inserting “the head of any Federal department or agency”.

10. 2024

    Pub. L. 118–159 div. A title V § 569(1) · 138 Stat. 1906

    1. Inserted · 18 U.S.C. § 2241(c)

       Pub. L. 118–159 inserted “or an offense under the Uniform Code of Military Justice” after “State offense”

    2. Substituted · 18 U.S.C. § 2241(c)

       Pub. L. 118–159 substituted “any such provision” for “either such provision” in second sentence

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–159 inserted “or an offense under the Uniform Code of Military Justice” after “State offense” and substituted “any such provision” for “either such provision” in second sentence.

8 of 12 references resolved to an enrolled provision · 2 partial · 2 unresolved