§ 2244. Abusive sexual contact

Footnotes

1. 1 So in original. The semicolon probably should be a period.

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. § 2244

   Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3622, 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. 3622, 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. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 title VII § 7058(a) · 102 Stat. 4181

   1. Substituted · 18 U.S.C. § 2244(a)

      Pub. L. 100–690 substituted “ten years” for “five years” in par. (3)

   2. Substituted · 18 U.S.C. § 2244(a)

      Pub. L. 100–690 substituted “two years” for “one year” in par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690 substituted “ten years” for “five years” in par. (1) and “two years” for “one year” in par. (3).

   Enacted provision · exact public law section
   (a) Abusive Sexual Contact.— Section 2244(a) of title 18, United States Code, is amended— (1) in paragraph (1) by striking “five years” and inserting “ten years”; and (2) in paragraph (3) by striking “one year” and inserting “two years”.

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 2244(a)(4); 18 U.S.C. § 2244(a)(b)

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”

   Source evidence

   Code amendment note
   Subsecs. (a)(4), (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

   Enacted provision · exact public law section
   (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

4. 1998

   Protection of Children From Sexual Predators Act of 1998

   Pub. L. 105–314 title III § 302 · 112 Stat. 2974

   Added · 18 U.S.C. § 2244(c)

   Pub. L. 105–314 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–314 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT. Section 2244 of title 18, United States Code, is amended by adding at the end the following: “(c) Offenses Involving Young Children.— If the sexual contact that violates this section is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.”.

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(5) · 119 Stat. 2960

   Inserted · 18 U.S.C. § 2244(a)

   Pub. L. 109–162, § 1177(a)(5), 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)(5), 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
   (5) Subsections (a) and (b) of section 2244.

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

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

   Substituted · 18 U.S.C. § 2244(a)(4)

   Pub. L. 109–162, § 1177(b)(2), substituted “two years” for “six months”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 109–162, § 1177(b)(2), substituted “two years” for “six months”.

   Enacted provision · exact public law section
   (2) Abusive sexual contact.— Section 2244 of such title is amended by striking “six months” and inserting “two years” in each of subsections (a)(4) and (b).

7. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1177(a)(5) · 119 Stat. 2960

   1. Inserted · 18 U.S.C. § 2244(b)

      Pub. L. 109–162, § 1177(a)(5), (b)(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,”

   2. Substituted · 18 U.S.C. § 2244(b)

      Pub. L. 109–162, § 1177(a)(5), (b)(2), substituted “two years” for “six months”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 1177(a)(5), (b)(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,” and substituted “two years” for “six months”.

   Enacted provision · exact public law section
   (5) Subsections (a) and (b) of section 2244.

8. 2006

   Adam Walsh Child Protection and Safety Act of 2006

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

   Inserted · 18 U.S.C. § 2244(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.

9. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 § 206(a)(2)(A)(i) · 120 Stat. 587

   Inserted · 18 U.S.C. § 2244(a)(1)

   Pub. L. 109–248, § 206(a)(2)(A)(i), inserted “subsection (a) or (b) of” before “section 2241 of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–248, § 206(a)(2)(A)(i), inserted “subsection (a) or (b) of” before “section 2241 of this title”.

   Enacted provision · exact public law section
   (i) in paragraph (1), by inserting “subsection (a) or (b) of” before “section 2241”;

10. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 206(a)(2)(A)(ii) · 120 Stat. 587

    Added · 18 U.S.C. § 2244(a)(5)

    Pub. L. 109–248, § 206(a)(2)(A)(ii)–(iv), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 109–248, § 206(a)(2)(A)(ii)–(iv), added par. (5).

    Enacted provision · exact public law section
    (ii) by striking “or” at the end of paragraph (3);

11. 2006

    Adam Walsh Child Protection and Safety Act of 2006

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

    Inserted · 18 U.S.C. § 2244(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General”.

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

12. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 206(a)(2)(B) · 120 Stat. 587

    Inserted · 18 U.S.C. § 2244(c)

    Pub. L. 109–248, § 206(a)(2)(B), inserted “(other than subsection (a)(5))” after “violates this section”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–248, § 206(a)(2)(B), inserted “(other than subsection (a)(5))” after “violates this section”.

    Enacted provision · exact public law section
    (B) in subsection (c), by inserting “(other than subsection (a)(5))” after “violates this section”.

13. 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. § 2244(a); 18 U.S.C. § 2244(b)

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

    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”.

    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”.

14. 2022

    Closing the Law Enforcement Consent Loophole Act of 2022

    Pub. L. 117–103 div. W title XII § 1202(d) · 136 Stat. 49

    Added · 18 U.S.C. § 2244(a)(6)

    Pub. L. 117–103 added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 117–103 added par. (6).

    Enacted provision · exact public law section
    (d) Abusive Sexual Contact.— Section 2244(a) of title 18, United States Code, is amended— (1) in paragraph (4), by striking “or” at the end; (2) in paragraph (5), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two 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.

16 of 16 references resolved to an enrolled provision