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18 U.S.C. § 2243 — Sexual abuse of a minor, a ward, or an individual in Federal custody
Federal law — U.S. Code and appendices · legal_authorities
**(a) Of a Minor.—** Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 head of any Federal department or agency, 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;
**(b) Of a Ward.—** Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 head of any Federal department or agency, 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 15 years, or both.
**(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.
**(d) Defenses.—** 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.
**(e) State of Mind Proof Requirement.—** In a prosecution under subsection (a) of this
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Source file: Laws/federal/codes/united-states-code/title-18/section-2243-sexual-abuse-of-a-minor-a-ward-or-an-individual-in-federal-custody--70a5ba6ccd.md
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Source location: Title 18, Chapter 109A, § 2243; chapter-109a-sexual-abuse.md
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**(a) Of a Minor.—** Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 head of any Federal department or agency, 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;
**(b) Of a Ward.—** Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, 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 head of any Federal department or agency, 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 15 years, or both.
**(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.
**(d) Defenses.—** 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.
**(e) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim).
(2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.
(3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction.
(4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible.
(5) **Intimate visual depiction** — The term “intimate visual depiction”—
(A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts—
(i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
(ii) the display or transfer of bodily sexual fluids—
(I) on to any part of the body of an identifiable individual;
(II) from the body of an identifiable individual; or
(III) an identifiable individual engaging in sexually explicit conduct and 11 So in original.
(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa
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Federal law — U.S. Code and appendices · legal_authorities
**(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, 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 head of any Federal department or agency, knowingly engages in or causes sexual contact with or by another person, if so to do would violate—
(1) subsection (a) or (b) of [section 2241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2241&num=0&edition=prelim) had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both;
(2) [section 2242 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2242&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2243&num=0&edition=prelim) had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;
(4) subsection (b) of [section 2243 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2243&num=0&edition=prelim) had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;
(5) subsection (c) of [section 2241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2241&num=0&edition=prelim) had the sexual contact been a sexual act, shall be fined under this titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2244
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Federal law — U.S. Code and appendices · legal_authorities
Page 515
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2243
(B) physically incapable of declining par-
ticipation in, or communicating unwilling-
ness to engage in, that sexual act; or
(3) engages in a sexual act with another per-
son without that other person’s consent, to in-
clude doing so through coercion;
or attempts to do so, shall be fined under this
title and imprisoned for any term of years or for
life.
(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; amended Pub. L. 103–322, title
XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150;
Pub. L. 109–162, title XI, § 1177(a)(3), Jan. 5, 2006,
119 Stat. 3125; Pub. L. 109–248, title II, §§ 205,
207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L.
110–161, div. E, title V, § 554, Dec. 26, 2007, 121
Stat. 2082; Pub. L. 117–103, div. W, title XII,
§ 1202(b), Mar. 15, 2022, 136 Stat. 924.)
Editorial Notes
CODIFICATION
Pub. L. 99–646 and Pub. L. 99–654 added identical sec-
tions 2242.
AMENDMENTS
2022—Par. (3). Pub. L. 117–103 added par. (3).
2007—Pub. L. 110–161 substituted ‘‘the head of any
Federal department or agency’’ for ‘‘the Attorney Gen-
eral’’ in introductory provisions.
2006—Pub. L. 109–248 inserted comma after ‘‘Attorney
General’’ in introductory provisions and substituted
‘‘and imprisoned for any term of years or for life’’ for
‘‘, imprisoned not more than 20 years, or both’’ in con-
cluding provisions.
Pub. L. 109–162 inserted ‘‘or in any prison, institution,
or facility in which persons are held in custody by di-
rection of or pursuant to a contract or agreement with
the Attorney General’’ after ‘‘in a Federal prison,’’ in
introductory provisions.
1994—Par. (1). Pub. L. 103–322 substituted ‘‘kidnap-
ping’’ for ‘‘kidnapin
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