Federal- Sexual Abuse
Statute
18 USC 2241. Aggravated sexual abuse
- 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 Attorney General [1] knowingly causes another person to engage in a sexual act—
- by using force against that other person; or
- 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.
- 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 Attorney General [1] knowingly—
- renders another person unconscious and thereby engages in a sexual act with that other person; or
- 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-
- substantially impairs the ability of that other person to appraise or control conduct; and
- 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.
- 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 Attorney General [1] 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, imprisoned for any term of years or life, or both. 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.
- 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.
Jury Instruction Aggravated Sexual Abuse
- The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
- That the Defendant caused the person named in the indictment to engage in a sexual act;
- That the Defendant did so by using force against the person or by threatening or placing the person in fear that such person, or any other person, would be subjected to death, serious bodily injury, or kidnapping;
- That the Defendant did such acts knowingly; and
- That the acts occurred within the special maritime or territorial jurisdiction of the United States or Federal prison.
The term “sexual act” means:
- contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph, contact involving the penis occurs upon penetration however slight; or
- That the Defendant did so by using force against the person or by threatening or placing the person in fear that such person, or any other person, would be subjected to death, serious bodily injury, or kidnapping;
- That the Defendant did such acts knowingly; and
- That the acts occurred within the special maritime or territorial jurisdiction of the United States or Federal prison.
The term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
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