All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
6 Prosecutions
in August 2014
53 Prosecutions
in Fiscal Year 2014
3 Convictions
in August 2014
58 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 2243                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 109A - SEXUAL ABUSE

HEAD

    Sec. 2243. Sexual abuse of a minor or ward

STATUTE

      (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.

SOURCE

    (Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621,
    and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended
    Pub. L. 101-647, title III, Sec. 322, Nov. 29, 1990, 104 Stat.
    4818; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
    121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub.
    L. 105-314, title III, Sec. 301(b), Oct. 30, 1998, 112 Stat. 2979;
    Pub. L. 109-162, title XI, Sec. 1177(a)(4), (b)(1), Jan. 5, 2006,
    119 Stat. 3125; Pub. L. 109-248, title II, Sec. 207, July 27, 2006,
    120 Stat. 615; Pub. L. 110-161, div. E, title V, Sec. 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, Sec. 207(2), inserted comma
    after "Attorney General" in introductory provisions.
      Pub. L. 109-162, Sec. 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, Sec. 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.
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site