§2242 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime, when done knowingly in the special maritime and territorial jurisdiction of the United States, in a federal prison, or in any prison or facility where people are held under federal custody, to do any of the following: (1) force someone to do a sexual act by threatening or putting them in fear, except when the threat is that someone will be killed, seriously injured, or kidnapped; (2) engage in a sexual act with someone who cannot understand what is happening or who cannot physically refuse or say no; or (3) engage in a sexual act with someone without their consent, including by using coercion.

Title 18, §2242

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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)causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);

(2)engages in a sexual act with another person if that other person is—

(A)incapable of appraising the nature of the conduct; or

(B)physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or

(3)engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–646 and Pub. L. 99–654 added identical section 2242.

Amendments

2022—Par. (3). Pub. L. 117–103 added par. (3). 2007—Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions. 2006—Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “and imprisoned for any term of years or for life” for “, imprisoned not more than 20 years, or both” in concluding provisions. Pub. L. 109–162 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. 1994—Par. (1). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an

Effective Date

note under section 6851 of Title 15, Commerce and Trade.

§2242 Sexual abuse

Summary

Title 18, §2242

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata