Title 18Crimes and Criminal ProcedureRelease 119-73

§2246 Definitions for chapter

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 109A— - SEXUAL ABUSE › § 2246

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in the chapter. Prison means a jail, prison, or other place where people are held. Sexual act covers four things: penile-vaginal or penile-anal penetration, oral contact with genitalia or anus, penetration of another’s anal or genital opening by a hand, finger, or object, and intentional uncovered touching of someone’s genitals if the person is under 16 years old—each done with the intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire. Sexual contact means intentionally touching (directly or through clothes) private areas like genitals, anus, groin, breast, inner thigh, or buttocks with that same intent. Serious bodily injury means injury that poses a substantial risk of death, causes unconsciousness, extreme pain, long-lasting obvious disfigurement, or long-lasting loss or impairment of a body part, organ, or mental faculty. Official detention means being held by or under the direction of a Federal officer after arrest or related proceedings (including surrender, charge, conviction, juvenile delinquency findings, material-witness commitment, civil commitment in place of criminal proceedings, or while awaiting extradition, deportation, or exclusion), and also includes custody for things tied to that detention like transportation, medical care, court appearance, work, or recreation. State includes any U.S. State, the District of Columbia, and any commonwealth, possession, or territory. Federal law enforcement officer has the meaning given in section 115.

Full Legal Text

Title 18, §2246

Crimes and Criminal Procedure — Source: USLM XML via OLRC

As used in this chapter—
(1)the term “prison” means a correctional, detention, or penal facility;
(2)the term “sexual act” means—
(A)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;
(B)contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C)the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D)the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(3)the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(4)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;
(5)the term “official detention” means—
(A)detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or
(B)custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation;
(6)the term “State” means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and
(7)the term “Federal law enforcement officer” has the meaning given the term in section 115.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections.

Amendments

2022—Par. (7). Pub. L. 117–103 added par. (7). 1998—Par. (6). Pub. L. 105–314 added par. (6). 1994—Pub. L. 103–322, § 60010(a)(1), renumbered section 2245 of this title as this section. Par. (2)(D). Pub. L. 103–322, § 40502, added subpar. (D).

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2246

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73