18-U.S.C.-2243
§2243 – Sexual Abuse of A Minor Or Ward
Pathway
Title 18 > Part I > Chapter 109A > Section 2243
Details
- Reference: Section 2243
- Legend: §2243 – Sexual Abuse of A Minor Or Ward
- USCode Year: 2013
Provision Content
(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;
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 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) Defenses.—(1) 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.
(2) 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.
(d) 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.
(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.)
Codification
Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2243.
Amendments
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 provisions.
Pub. L. 109–162, §1177(a)(4), 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 Federal prison, in introductory provisions.
Subsec. (b). Pub. L. 109–248 inserted comma after Attorney General in introductory provisions and substituted 15 years for five years in concluding provisions.
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 Federal 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.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-2233 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-2233, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
Chapter 107 – Seamen and Stowaways in the Legal Encyclopedia: Crimes
In this entry about Chapter 107 – Seamen and Stowaways, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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