§ 250. Penalties for civil rights offenses involving sexual misconduct

Statutory text

Offense.—

It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct.

Penalties.—

Any person who violates subsection (a) shall be—

in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life;

in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life;

in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years;

in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing—

fined under this title and imprisoned for not more than 10 years; and

if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years;

in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)—

fined under this title and imprisoned for not more than 3 years; and

if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and

in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244—

fined under this title and imprisoned for not more than 2 years; and

if the offense involves a child under the age of 12, imprisoned for not more than 10 years.

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.

2022
Closing the Law Enforcement Consent Loophole Act of 2022
Pub. L. 117–103 div. W title XII § 1202(a)(1) · 136 Stat. 49
Enacted · 18 U.S.C. § 250
(Added Pub. L. 117–103, div. W, title XII, § 1202(a)(1), Mar. 15, 2022, 136 Stat. 923.)
Source evidence
Code source credit
(Added Pub. L. 117–103, div. W, title XII, § 1202(a)(1), Mar. 15, 2022, 136 Stat. 923.)
Enacted provision · exact public law section
(1) In general.— Chapter 13 of title 18, United States Code, is amended by adding at the end the following: “§ 250. Penalties for civil rights offenses involving sexual misconduct “(a) Offense.— It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct. “(b) Penalties.— Any person who violates subsection (a) shall be— “(1) in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life; “(2) in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life; “(3) in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years; “(4) in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing— “(A) fined under this title and imprisoned for not more than 10 years; and “(B) if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; “(5) in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)— “(A) fined under this title and imprisoned for not more than 3 years; and “(B) if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and “(6) in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244— “(A) fined under this title and imprisoned for not more than 2 years; and “(B) if the offense involves a child under the age of 12, imprisoned for not more than 10 years.” .

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 a note under section 6851 of Title 15, Commerce and Trade.

Credits

(Added Pub. L. 117–103, div. W, title XII, § 1202(a)(1), Mar. 15, 2022, 136 Stat. 923.)