US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[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 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, 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 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.