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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.