United States Federal Statutes provided by your criminal lawyer

Learn the law. Here is the sexual abuse and sex crime law from the United States Federal Code.

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From the United States Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 18USC2243]

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 109A--SEXUAL ABUSE

Sec. 2243. Sexual abuse of a minor or ward

(a) Of a Minor.--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--

(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 notmore than 15 years, or both.

(b) Of a Ward.--Whoever, in the special maritime and territorialjurisdiction of the United States or in a Federal prison, knowinglyengages 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 one year, 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, 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.)

Codification
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.

Amendments
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.

Section Referred to in Other Sections
This section is referred to in sections 2244, 2255, 3486 of this title; title 42 section 14135a.