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.
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