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CITE

    18 USC Sec. 2241                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 2241. Aggravated sexual abuse

STATUTE

      (a) By Force or Threat. - 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 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 person 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 conduct; 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.
      (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 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 has not attained the age of 12
    years, or knowingly engages in a sexual act under the circumstances
    described in subsections (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 younger than the person so
    engaging), or attempts to do so, shall be fined under this title
    and imprisoned for not less than 30 years or for life. If the
    defendant has previously been convicted of another Federal offense
    under this subsection, or of a State offense that would have been
    an offense under either 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 defendant knew that the other person engaging in the sexual act
    had not attained the age of 12 years.

SOURCE

    (Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3620,
    and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3660; amended
    Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108
    Stat. 2150; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I,
    Sec. 121[7(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31;
    Pub. L. 105-314, title III, Sec. 301(a), Oct. 30, 1998, 112 Stat.
    2978; Pub. L. 109-162, title XI, Sec. 1177(a)(1), (2), Jan. 5,
    2006, 119 Stat. 3125; Pub. L. 109-248, title II, Secs. 206(a)(1),
    207(2), July 27, 2006, 120 Stat. 613, 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 2241.

AMENDMENTS

      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, Sec. 207(2), inserted
    comma after "Attorney General" in introductory provisions.
      Pub. L. 109-162, Sec. 1177(a)(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.
      Subsec. (c). Pub. L. 109-248 inserted comma after "Attorney
    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, Sec. 1177(a)(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 Federal prison," in first sentence.
      1998 - Subsec. (c). Pub. L. 105-314 substituted "younger 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 special 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 "kidnapping"
    for "kidnaping".
                              EFFECTIVE DATE
      Section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654
    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 amendments made by this Act [see Short Title
    note below] shall take effect 30 days after the date of the
    enactment of this Act [Nov. 14, 1986]."
                       SHORT TITLE OF 1996 AMENDMENT
      Section 101(a) [title I, Sec. 121[7(a)]] of Pub. L. 104-208
    provided that: "This section [probably means subsec. 7 of section
    121 of Pub. L. 104-208, div. A, title I, Sec. 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
      Section 87(a) of Pub. L. 99-646 and section 1 of Pub. L. 99-654
    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'."