18 U.S.C. § 2243 — Sexual abuse of a minor, a ward, or an in-

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 ‘‘kidnaping’’. 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. § 2243. Sexual abuse of a minor, a ward, or an in- dividual in Federal custody (a) OF A MINOR.—Whoever, in the special mari- time 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 con- tract 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; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. (b) OF A WARD.—Whoever, in the special mari- time 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 con- tract 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 dis- ciplinary 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 en- gages 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 sub- section (a) of this section, it is a defense, which the defendant must establish by a preponder- ance of the evidence, that the defendant reason- ably 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 defend- ant 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. (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. 101–647, title III, § 322, Nov. 29, 1990, 104 Stat. 4818; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, § 301(b), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109–162, title XI, § 1177(a)(4), (b)(1), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, § 207, July 27, 2006, 120 Stat. 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(c)(1), title XIII, § 1312, Mar. 15, 2022, 136 Stat. 924, 935.) Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical sec- tions 2243. AMENDMENTS 2022—Pub. L. 117–103, § 1202(c)(1)(A), substituted ‘‘Sex- ual abuse of a minor, a ward, or an individual in Fed- eral custody’’ for ‘‘Sexual abuse of a minor or ward’’ in section catchline. Subsec. (c). Pub. L. 117–103, § 1202(c)(1)(C), added sub- sec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–103, § 1312, struck out par. (1) designation before ‘‘In a prosecution’’ and struck out par. (2) which read as follows: ‘‘In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.’’ Amendment was directed to subsec. (c) but executed to subsec. (d) to reflect the probable intent of Congress and the intervening redes- ignation of subsec. (c) as (d) by Pub. L. 117–103, § 1202(c)(1)(B). See below. 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’’.