18 U.S.C. § 2244 — Abusive sexual contact

Page 516 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2244 1 So in original. The semicolon probably should be a period. Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 117–103, § 1202(c)(1)(B), redesig- nated subsec. (d) as (e). 2007—Subsecs. (a), (b). Pub. L. 110–161 substituted ‘‘the head of any Federal department or agency’’ for ‘‘the Attorney General’’ in introductory provisions. 2006—Subsec. (a). Pub. L. 109–248, § 207(2), inserted comma after ‘‘Attorney General’’ in introductory pro- visions. Pub. L. 109–162, § 1177(a)(4), inserted ‘‘or in any prison, institution, or facility in which persons are held in cus- tody by direction of or pursuant to a contract or agree- ment with the Attorney General’’ after ‘‘in a Federal prison,’’ in introductory provisions. Subsec. (b). Pub. L. 109–248 inserted comma after ‘‘At- torney General’’ in introductory provisions and sub- stituted ‘‘15 years’’ for ‘‘five years’’ in concluding pro- visions. 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 Fed- eral prison,’’ in introductory provisions and substituted ‘‘five years’’ for ‘‘one year’’ in concluding provisions. 1998—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. 1996—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. 1990—Subsec. (a). Pub. L. 101–647 substituted ‘‘15 years’’ for ‘‘five years’’ in concluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT 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. § 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, or in any prison, institution, or facility in which persons are held in custody by direc- tion 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 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 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 two years, or both; (4) subsection (b) 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; (5) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for any term of years or for life; or (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; 1 (b) IN OTHER CIRCUMSTANCES.—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 per- sons are held in custody by direction of or pur- suant to a contract or agreement with the head of any Federal department or agency, knowingly engages in sexual contact with another person without that other person’s permission shall be fined under this title, imprisoned not more than two years, or both. (c) OFFENSES INVOLVING YOUNG CHILDREN.—If the sexual contact that violates this section (other than subsection (a)(5)) is with an indi- vidual 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. (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; amended Pub. L. 100–690, title VII, § 7058(a), Nov. 18, 1988, 102 Stat. 4403; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 105–314, title III, § 302, Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109–162, title XI, § 1177(a)(5), (b)(2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 206(a)(2), 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(d), Mar. 15, 2022, 136 Stat. 925.) Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical sec- tions 2244. AMENDMENTS 2022—Subsec. (a)(6). Pub. L. 117–103 added par. (6). 2007—Subsecs. (a), (b). Pub. L. 110–161 substituted ‘‘the head of any Federal department or agency’’ for ‘‘the Attorney General’’. 2006—Subsec. (a). Pub. L. 109–248, § 207(2), inserted comma after ‘‘Attorney General’’ in introductory pro- visions. Pub. L. 109–162, § 1177(a)(5), inserted ‘‘or in any prison, institution, or facility in which persons are held in cus- tody by direction of or pursuant to a contract or agree- ment with the Attorney General’’ after ‘‘in a Federal prison,’’ in introductory provisions. Subsec. (a)(1). Pub. L. 109–248, § 206(a)(2)(A)(i), inserted ‘‘subsection (a) or (b) of’’ before ‘‘section 2241 of this title’’. Subsec. (a)(4). Pub. L. 109–162, § 1177(b)(2), substituted ‘‘two years’’ for ‘‘six months’’. Subsec. (a)(5). Pub. L. 109–248, § 206(a)(2)(A)(ii)–(iv), added par. (5). Subsec. (b). Pub. L. 109–248, § 207(2), inserted comma after ‘‘Attorney General’’. 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 Fed- eral prison,’’ and substituted ‘‘two years’’ for ‘‘six months’’. Page 517 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2246 1 So in original. No subsec. (b) has been enacted. Subsec. (c). Pub. L. 109–248, § 206(a)(2)(B), inserted ‘‘(other than subsection (a)(5))’’ after ‘‘violates this sec- tion’’. 1998—Subsec. (c). Pub. L. 105–314 added subsec. (c). 1994—Subsecs. (a)(4), (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1988—Subsec. (a). Pub. L. 100–690 substituted ‘‘ten years’’ for ‘‘five years’’ in par. (1) and ‘‘two years’’ for ‘‘one year’’ in par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT 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. § 2245. Offenses resulting in death (a) 1 IN GENERAL.—A person who, in the course of an offense under this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, murders an individual, shall be punished by death or im- prisoned for any term of years or for life. (Added Pub. L. 103–322, title VI, § 60010(a)(2), Sept. 13, 1994, 108 Stat. 1972; amended Pub. L. 109–248, title II, § 206(a)(3), July 27, 2006, 120 Stat. 613.) Editorial Notes PRIOR PROVISIONS A prior section 2245 was renumbered section 2246 of this title. AMENDMENTS 2006—Pub. L. 109–248 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or impris- oned for any term of years or for life.’’ § 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 pur- poses 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 per- son who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual de- sire of any person; (3) the term ‘‘sexual contact’’ means the in- tentional 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, de- grade, 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 em- ployee, 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 convic- tion of an offense, or an allegation or finding of juvenile delinquency; following commit- ment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal pro- ceedings that are being held in abeyance, or pending extradition, deportation, or exclu- sion; or (B) custody by a Federal officer or em- ployee, 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 ap- pearance, work, and recreation; but does not include supervision or other con- trol (other than custody during specified hours or days) after release on bail, probation, or pa- role, or after release following a finding of ju- venile delinquency; (6) the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and (7) the term ‘‘Federal law enforcement offi- cer’’ has the meaning given the term in sec- tion 115. (Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3622, § 2245, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3662, § 2245; renumbered § 2246 and amended Pub. L. 103–322, title IV, § 40502, title VI, § 60010(a)(1), Sept. 13, 1994, 108 Stat. 1945, 1972; Pub. L. 105–314, title III, § 301(c), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 117–103, div. W, title XII, § 1202(e), Mar. 15, 2022, 136 Stat. 925.) Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical sec- tions. AMENDMENTS 2022—Par. (7). Pub. L. 117–103 added par. (7). 1998—Par. (6). Pub. L. 105–314 added par. (6). 1994—Pub. L. 103–322, § 60010(a)(1), renumbered section 2245 of this title as this section. Par. (2)(D). Pub. L. 103–322, § 40502, added subpar. (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022,