§ 2243. Sexual abuse of a minor, a ward, or an individual in Federal custody

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. § 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

   Source evidence

   Code 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

   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. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 title III § 322 · 104 Stat. 4789

   Substituted · 18 U.S.C. § 2243(a)

   Pub. L. 101–647 substituted “15 years” for “five years” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–647 substituted “15 years” for “five years” in concluding provisions.

   Enacted provision · exact public law section
   SEC. 322. SEXUAL ABUSE OF A MINOR. Section 2243(a) of title 18, United States Code, is amended by striking “five years” and inserting “15 years”.

3. 1996

   Amber Hagerman Child Protection Act of 1996

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

   Inserted · 18 U.S.C. § 2243(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

   Source evidence

   Code amendment note
   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.

   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(b) · 112 Stat. 2974

   Struck · 18 U.S.C. § 2243(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Redundancy.— Section 2243(a) of title 18, United States Code, is amended by striking “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”.

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(4) · 119 Stat. 2960

   Inserted · 18 U.S.C. § 2243(a)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (4) Subsections (a) and (b) of section 2243.

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(4) · 119 Stat. 2960

   1. Inserted · 18 U.S.C. § 2243(b)

      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

   2. Substituted · 18 U.S.C. § 2243(b)

      Pub. L. 109–162, § 1177(a)(4), (b)(1), substituted “five years” for “one year” in concluding provisions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (4) Subsections (a) and (b) of section 2243.

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. § 2243(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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 § 207 · 120 Stat. 587

   1. Inserted · 18 U.S.C. § 2243(b)

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

   2. Substituted · 18 U.S.C. § 2243(b)

      Pub. L. 109–248 substituted “15 years” for “five years” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “15 years” for “five years” in concluding provisions.

   Enacted provision · exact public law 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.

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. § 2243(a); 18 U.S.C. § 2243(b)

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

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions.

   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. 2022

    Closing the Law Enforcement Consent Loophole Act of 2022

    Pub. L. 117–103 § 1202(c)(1)(A) · 136 Stat. 49

    Substituted · 18 U.S.C. § 2243

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) by striking the section heading and inserting “Sexual abuse of a minor, a ward, or an individual in Federal custody”;

    Effective date note
    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.

11. 2022

    Closing the Law Enforcement Consent Loophole Act of 2022

    Pub. L. 117–103 § 1202(c)(1)(C) · 136 Stat. 49

    Redesignated · 18 U.S.C. § 2243(c)

    Pub. L. 117–103, § 1202(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–103, § 1202(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (C) by adding after subsection (b) the following: “(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.” .

    Effective date note
    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.

12. 2022

    Violence Against Women Act Reauthorization Act of 2022

    Pub. L. 117–103 § 1312 · 136 Stat. 49

    1. Struck · 18 U.S.C. § 2243(d)

       Pub. L. 117–103, § 1312, struck out par. (1) designation before “In a prosecution”

    2. Redesignated · 18 U.S.C. § 2243(d)

       Pub. L. 117–103, § 1312, 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY RAPE.   Section 2243(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking “(1) In a” and inserting “In a”; and (2) by striking paragraph (2).

    Effective date note
    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.

13. 2022

    Closing the Law Enforcement Consent Loophole Act of 2022

    Pub. L. 117–103 § 1202(c)(1)(B) · 136 Stat. 49

    Redesignated · 18 U.S.C. § 2243(d)

    Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

    Effective date note
    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.

14. 2022

    Closing the Law Enforcement Consent Loophole Act of 2022

    Pub. L. 117–103 § 1202(c)(1)(B) · 136 Stat. 49

    Redesignated · 18 U.S.C. § 2243(e)

    Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (d) as (e).

    Enacted provision · exact public law section
    (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

    Effective date note
    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.

17 of 17 references resolved to an enrolled provision