18 U.S.C. § 2241 — Aggravated sexual abuse

Page 513 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2241 1 Section catchline amended by Pub. L. 109–248 without cor- responding amendment of chapter analysis. 274 of the Immigration and Nationality Act, or chapter 77 or section 113 (other than under sub- section (a)(4) or (a)(5) of such section) or 117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both. (c) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provi- sion of law enforced or administered by the Sec- retary of the Treasury or the Secretary of Homeland Security, or the authority of any Fed- eral law enforcement officer under any law of the United States, to order a vessel to stop or heave to. (d) A foreign nation may consent or waive ob- jection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certifi- cation of the Secretary of State or the designee of the Secretary of State. (e) In this section— (1) the term ‘‘Federal law enforcement offi- cer’’ has the meaning given the term in sec- tion 115(c); (2) the term ‘‘heave to’’ means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law en- forcement boarding; (3) the term ‘‘vessel subject to the jurisdic- tion of the United States’’ has the meaning given the term in section 70502 of title 46; (4) the term ‘‘vessel of the United States’’ has the meaning given the term in section 70502 of title 46; and (5) the term ‘‘transportation under inhu- mane conditions’’ means— (A) transportation— (i) of one or more persons in an engine compartment, storage compartment, or other confined space; (ii) at an excessive speed; or (iii) of a number of persons in excess of the rated capacity of the vessel; or (B) intentional grounding of a vessel in which persons are being transported. (Added Pub. L. 109–177, title III, § 303(a), Mar. 9, 2006, 120 Stat. 233; amended Pub. L. 111–281, title IX, § 917, Oct. 15, 2010, 124 Stat. 3021.) Editorial Notes REFERENCES IN TEXT Section 274 of the Immigration and Nationality Act, referred to in subsec. (b)(4), is classified to section 1324 of Title 8, Aliens and Nationality. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–281, § 917(a), amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: ‘‘Any person who intentionally violates this section shall be fined under this title or impris- oned for not more than 5 years, or both.’’ Subsec. (e)(3). Pub. L. 111–281, § 917(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘the term ‘vessel subject to the jurisdiction of the United States’ has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and’’. Subsec. (e)(4). Pub. L. 111–281, § 917(b)(2), substituted ‘‘section 70502 of title 46; and’’ for ‘‘section 2 of the Mar- itime Drug Law Enforcement Act (46 U.S.C. App. 1903).’’ Subsec. (e)(5). Pub. L. 111–281, § 917(b)(3), added par. (5). CHAPTER 109A—SEXUAL ABUSE Sec. 2241. Aggravated sexual abuse. 2242. Sexual abuse. 2243. Sexual abuse of a minor, a ward, or an indi- vidual in Federal custody. 2244. Abusive sexual contact. 2245. Sexual abuse resulting in death.1 2246. Definitions for chapter. 2247. Repeat offenders. 2248. Mandatory restitution. Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical chap- ters 109A. AMENDMENTS 2022—Pub. L. 117–103, div. W, title XII, § 1202(c)(2), Mar. 15, 2022, 136 Stat. 925, substituted ‘‘Sexual abuse of a minor, a ward, or an individual in Federal custody’’ for ‘‘Sexual abuse of a minor or ward’’ in item 2243. 1994—Pub. L. 103–322, title IV, §§ 40111(c), 40113(a)(2), title VI, § 60010(b), Sept. 13, 1994, 108 Stat. 1903, 1907, 1973, redesignated item 2245 as 2246 and added items 2245, 2247, and 2248. § 2241. Aggravated sexual abuse (a) BY FORCE OR THREAT.—Whoever, in the spe- cial 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 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 per- son in fear that any person will be subjected to death, serious bodily injury, or kidnapping; 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, 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— (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, 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 con- duct; 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. Page 514 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2242 (c) WITH CHILDREN.—Whoever 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 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 a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in sub- sections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years young- er than the person so engaging), or attempts to do so, shall be fined under this title and impris- oned for not less than 30 years or for life. If the defendant has previously been convicted of an- other Federal offense under this subsection, or of a State offense or an offense under the Uni- form Code of Military Justice that would have been an offense under any such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison. (d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under subsection (c) of this section, the Government need not prove that the defend- ant knew that the other person engaging in the sexual act had not attained the age of 12 years. (Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3660; amended Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, § 301(a), Oct. 30, 1998, 112 Stat. 2978; Pub. L. 109–162, title XI, § 1177(a)(1), (2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 206(a)(1), 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. 118–159, div. A, title V, § 569(1), Dec. 23, 2024, 138 Stat. 1906.) Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical sec- tions 2241. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 inserted ‘‘or an of- fense under the Uniform Code of Military Justice’’ after ‘‘State offense’’ and substituted ‘‘any such provision’’ for ‘‘either such provision’’ in second sentence. 2007—Subsecs. (a) to (c). Pub. L. 110–161 substituted ‘‘the head of any Federal department or agency’’ for ‘‘the Attorney General’’. 2006—Subsecs. (a), (b). Pub. L. 109–248, § 207(2), in- serted comma after ‘‘Attorney General’’ in introduc- tory provisions. Pub. L. 109–162, § 1177(a)(1), 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. (c). Pub. L. 109–248 inserted comma after ‘‘At- torney General’’ and substituted ‘‘and imprisoned for not less than 30 years or for life’’ for ‘‘, imprisoned for any term of years or life, or both’’ in first sentence. Pub. L. 109–162, § 1177(a)(2), 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 first sentence. 1998—Subsec. (c). Pub. L. 105–314 substituted ‘‘young- er than the person so engaging’’ for ‘‘younger than that person’’. 1996—Subsec. (c). Pub. L. 104–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Whoever, in the spe- cial 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.’’ 1994—Subsec. (a)(2). Pub. L. 103–322 substituted ‘‘kid- napping’’ for ‘‘kidnaping’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–646, § 87(e), Nov. 10, 1986, 100 Stat. 3624, and Pub. L. 99–654, § 4, Nov. 14, 1986, 100 Stat. 3664, provided, respectively, that: ‘‘This section and the amendments made by this section [see Short Title note below] shall take effect 30 days after the date of the enactment of this Act [Nov. 10, 1986].’’ and ‘‘This Act and the amend- ments made by this Act [see Short Title note below] shall take effect 30 days after the date of the enact- ment of this Act [Nov. 14, 1986].’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009–31, provided that: ‘‘This section [probably means subsec. 7 of section 121 of Pub. L. 104–208, div. A, title I, § 101(a), which amended sections 2241 and 2243 of this title] may be cited as the ‘Amber Hagerman Child Protection Act of 1996’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–646, § 87(a), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 1, Nov. 14, 1986, 100 Stat. 3660, provided, respectively, that: ‘‘This section [enacting this chapter, amending sections 113, 1111, 1153, and 3185 of this title, sections 300w–3, 300w–4, and 9511 of Title 42, The Public Health and Welfare, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.’’ and ‘‘This Act [enacting this chapter, amending sections 113, 1111, 1153, and 3185 of this title, sections 300w–3, 300w–4, and 9511 of Title 42, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.’’ § 2242. Sexual abuse Whoever, in the special maritime and terri- torial 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 agree- ment with the head of any Federal department or agency, knowingly— (1) causes another person to engage in a sex- ual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any per- son will be subjected to death, serious bodily injury, or kidnapping); (2) engages in a sexual act with another per- son if that other person is— (A) incapable of appraising the nature of the conduct; or