2013 US Code
Title 42 - The Public Health and Welfare
Chapter 147 - PRISON RAPE ELIMINATION (§§ 15601 - 15609)
Section 15609 - Definitions
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 147 - PRISON RAPE ELIMINATION Sec. 15609 - Definitions |
Contains | section 15609 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 108-79, §10, Sept. 4, 2003, 117 Stat. 987. |
Statutes at Large Reference | 117 Stat. 987 |
Public Law Reference | Public Law 108-79 |
Download PDF
In this chapter, the following definitions shall apply:
(1) Carnal knowledgeThe term "carnal knowledge" means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight.
(2) InmateThe term "inmate" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
(3) JailThe term "jail" means a confinement facility of a Federal, State, or local law enforcement agency to hold—
(A) persons pending adjudication of criminal charges; or
(B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.
(4) HIVThe term "HIV" means the human immunodeficiency virus.
(5) Oral sodomyThe term "oral sodomy" means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.
(6) Police lockupThe term "police lockup" means a temporary holding facility of a Federal, State, or local law enforcement agency to hold—
(A) inmates pending bail or transport to jail;
(B) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter placement.
(7) PrisonThe term "prison" means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes—
(A) any local jail or police lockup; and
(B) any juvenile facility used for the custody or care of juvenile inmates.
(8) Prison rapeThe term "prison rape" includes the rape of an inmate in the actual or constructive control of prison officials.
(9) RapeThe term "rape" means—
(A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person's will;
(B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person's will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or
(C) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.
(10) Sexual assault with an objectThe term "sexual assault with an object" means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person.
(11) Sexual fondlingThe term "sexual fondling" means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.
(12) ExclusionsThe terms and conditions described in paragraphs (9) and (10) shall not apply to—
(A) custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape;
(B) the use of a health care provider's hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or
(C) the use of a health care provider's hands or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.
(Pub. L. 108–79, §10, Sept. 4, 2003, 117 Stat. 987.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.