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34 U.S.C. § 60106 — Incentives for States

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 60106 — Incentives for States

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Source location: Title 34, Chapter 601, § 60106; chapter-601-prisons.md

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**(a) Authority to make grants** The Attorney General is authorized to make grants to States that have in effect a law that— (1) makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. **(b) Reporting requirement** A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on— (1) the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. **(c) Application** A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a). **(d) Grant amount** The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([34 U.S.C. 10441](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441&num=0&edition=prelim) et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”). (2) [Section 12511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12511&num=0&edition=prelim) (commonly referred to as the “Sexual Assault Services Program”). **(e) Grant term** (1) **In general** — The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period. (2) **Renewal** — A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (3) **Limit** — A State may not receive a grant under this section for more than 4 years. **(f) Uses of funds** A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d). **(g) Authorization of appropriations** There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027. **(h) Definition** For purposes of this section, the term “State” means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2246 — 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; (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; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (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 co

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1 — Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]

### Statutory Notes Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense. #### Effective Date of Repeal Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim). #### Short Title of 2026 Amendment Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.” #### Short Title of 2024 Amendment Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.” Pub. L. 118–77, § 1, July

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12291 — Pilot program on restorative practices

**(a) Definitions** In this section: (1) **Director** — The term “Director” means the Director of the Office on Violence Against Women. (2) **Eligible entity** — The term “eligible entity” means— (A) a State; (B) a unit of local government; (C) a tribal government; (D) a tribal organization; (E) a victim service provider; (F) an institution of higher education (as defined in [section 1001(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim); and (G) a private or public nonprofit organization, including— (i) a tribal nonprofit organization; and (ii) a faith-based nonprofit organization. (3) **Restorative practice** — The term “restorative practice” means a practice relating to a specific harm that— (A) is community-based and unaffiliated with any civil or criminal legal process; (B) is initiated by a victim of the harm; (C) involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual— (i) 1 or more individuals who committed the harm; (ii) 1 or more victims of the harm; and (iii) the community affected by the harm through 1 or more representatives of the community; (D) shall include and has the goal of— (i) collectively seeking accountability from 1 or more individuals who committed the harm; (ii) developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and (iii) developing a written course of action plan— (I) that is responsive to the needs of 1 or more victims of the harm;

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12511 — Grant for national resource center on workplace responses to assist victims of domestic and sexual violence

**(a) Authority** The Attorney General, acting through the Director of the Office on Violence Against Women, may award a grant to an eligible nonprofit nongovernmental entity or tribal organization, in order to provide for the establishment and operation of a national resource center on workplace responses to assist victims of domestic and sexual violence and sexual harassment. The resource center shall provide information and assistance to employers, labor organizations, and victim service providers to aid in their efforts to develop and implement responses to such violence. **(b) Applications** To be eligible to receive a grant under this section, an entity or organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including— (1) information that demonstrates that the entity or organization has nationally recognized expertise in the area of domestic or sexual violence; (2) a plan to maximize, to the extent practicable, outreach to employers (including private companies, public entities such as public institutions of higher education and State and local governments, and employers with fewer than 20 employees) and labor organizations described in subsection (a) concerning developing and implementing workplace responses to assist victims of domestic or sexual violence; and (3) a plan for developing materials and training for materials for employers that address the needs of employees in cases of domestic violence, dating violence, sexual assault, stalking, and sexual harassment impacting the workplace, including the needs of underserved communities, which materials shall include a website with resources for employers with fewer than 20 employees, including live

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10441 — Purpose of program and grants

**(a) General program purpose** The purpose of this subchapter is to assist States, State and local courts (including juvenile courts), Indian tribal governments, tribal courts, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women. **(b) Purposes for which grants may be used** Grants under this subchapter shall provide personnel, training, technical assistance, data collection and other resources for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, for the protection and safety of victims, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim); (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking; (3) developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of domestic violence, da

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6851 — Civil action relating to disclosure of intimate images

**(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

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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34 U.S.C. § 10441 — Purpose of program and grants

Page 128 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10441 SUBCHAPTER XIX—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN § 10441. Purpose of program and grants (a) General program purpose The purpose of this subchapter is to assist States, State and local courts (including juve- nile courts), Indian tribal governments, tribal courts, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women. (b) Purposes for which grants may be used Grants under this subchapter shall provide personnel, training, technical assistance, data collection and other resources for the more widespread apprehension, prosecution, and adju- dication of persons committing violent crimes against women, for the protection and safety of victims, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to vio- lent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, including the ap- propriate use of nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, in- cluding the crimes of domestic violence, dat- ing violence, sexual assault, and stalking; (3) developing and implementing more effec- tive police, court, and prosecution policies, protocols, orders, and services specifically de- voted to preventing, identifying, and resp

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 60106 — Incentives for States

Page 669 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 60106 1 See References in Text note below. subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.),1 whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or other- wise. (d) Reallocation Amounts not allocated under a program re- ferred to in subsection (c)(2) to a State for fail- ure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions In this section the terms ‘‘boot camp prison’’ and ‘‘State’’ have the meaning given those terms, respectively, in section 10251(a) of this title. (f) Study and report of information relating to deaths in custody (1) Study required The Attorney General shall carry out a study of the information reported under sub- section (b) and section 3(a) 1 to— (A) determine means by which such infor- mation can be used to reduce the number of such deaths; and (B) examine the relationship, if any, be- tween the number of such deaths and the ac- tions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report Not later than 2 years after December 18, 2014, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). (Pub. L. 113–242, § 2, Dec. 18, 2014, 128 Stat. 2860.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2), is Pub. L. 90–351, June 19, 1968,

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