18 USC Sec. 2243
01/26/98

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

HEADING

Sec. 2243. Sexual abuse of a minor or ward

STATUTE

(a) Of a Minor. - 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, 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.

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.)

CODIFICATION

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

MISCELLANEOUS

AMENDMENTS

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 section 2244 of this title.