§2241 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a federal crime, in special U.S. maritime or territorial areas, in a federal prison, or in places holding people under federal custody, to force someone to take part in a sexual act by using physical force or by threatening death, serious injury, or kidnapping. It is also a crime to on purpose make someone unconscious or give them drugs or alcohol without their knowledge or permission so they cannot control or understand what they do, and then have sex with them. It is a crime to cross a state line to have sex with a child under 12, or to have sex with a child under 12 in those federal places, or to have sex by force or drugging with someone aged 12–15 who is at least 4 years younger than the offender, including attempts. Punishment is a fine and at least 30 years in prison up to life. A prior similar conviction usually means life in prison unless the death penalty applies. The government does not have to prove the offender knew the victim was under 12.

Title 18, §2241

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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 head of any Federal department or agency, knowingly causes another person to engage in a sexual act—

(1)by using force against that other person; or

(2)by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;

(b)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 head of any Federal department or agency, knowingly—

(1)renders another person unconscious and thereby engages in a sexual act with that other person; or

(2)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—

(A)substantially impairs the ability of that other person to appraise or control conduct; and

(B)engages in a sexual act with that other person;

(c)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 head of any Federal department or agency, 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 and imprisoned for not less than 30 years or for life. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense or an offense under the Uniform Code of Military Justice that would have been an offense under any 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.

(d)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–646 and Pub. L. 99–654 added identical section 2241.

Amendments

2024—Subsec. (c). Pub. L. 118–159 inserted “or an offense under the Uniform Code of Military Justice” after “State offense” and substituted “any such provision” for “either such provision” in second sentence. 2007—Subsecs. (a) to (c). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General”. 2006—Subsecs. (a), (b). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions. Pub. L. 109–162, § 1177(a)(1), inserted “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” after “in a Federal prison,” in introductory provisions. Subsec. (c). Pub. L. 109–248 inserted comma after “Attorney General” and substituted “and imprisoned for not less than 30 years or for life” for “, imprisoned for any term of years or life, or both” in first sentence. Pub. L. 109–162, § 1177(a)(2), inserted “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” after “in a Federal prison,” in first sentence. 1998—Subsec. (c). Pub. L. 105–314 substituted “younger than the person so engaging” for “younger than that person”. 1996—Subsec. (c). Pub. L. 104–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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 has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.” 1994—Subsec. (a)(2). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–646, § 87(e), Nov. 10, 1986, 100 Stat. 3624, and Pub. L. 99–654, § 4, Nov. 14, 1986, 100 Stat. 3664, provided, respectively, that: “This section and the

Amendments

made by this section [see

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note below] shall take effect 30 days after the date of the enactment of this Act [Nov. 10, 1986].” and “This Act and the

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made by this Act [see

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note below] shall take effect 30 days after the date of the enactment of this Act [Nov. 14, 1986].”

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of 1996 Amendment Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009–31, provided that: “This section [probably means subsec. 7 of section 121 of Pub. L. 104–208, div. A, title I, § 101(a), which amended section 2241 and 2243 of this title] may be cited as the ‘Amber Hagerman Child Protection Act of 1996’.”

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of 1986 Amendment Pub. L. 99–646, § 87(a), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 1, Nov. 14, 1986, 100 Stat. 3660, provided, respectively, that: “This section [enacting this chapter, amending section 113, 1111, 1153, and 3185 of this title, section 300w–3, 300w–4, and 9511 of Title 42, The Public Health and Welfare, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.” and “This Act [enacting this chapter, amending section 113, 1111, 1153, and 3185 of this title, section 300w–3, 300w–4, and 9511 of Title 42, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.”

§2241 Aggravated sexual abuse

Summary

Title 18, §2241

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