§30309 — Title 34 Navy | U.S. Code

Summary

The chapter gives short meanings for words used in rules about sexual offenses in jails and prisons. Carnal knowledge means contact between a penis and a vulva or anus, even if only slight. Inmate means anyone held in a facility who is accused, convicted, sentenced, or found delinquent, or who is under parole, probation, pretrial release, or a diversion program. Jail means a law‑enforcement facility that holds people awaiting charges or serving sentences of 1 year or less. HIV means the human immunodeficiency virus. Oral sodomy means contact between the mouth and the penis, vulva, or anus. Police lockup means a temporary holding place for people awaiting bail or transport, inebriates, or juveniles waiting for their parents or a shelter. Prison means any government or privately run confinement facility, and it includes local jails, lockups, and juvenile custody facilities. Prison rape means rape of an inmate while in the actual or constructive control of prison officials. Rape covers carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling when done by force; when the victim cannot consent because of youth or mental or physical incapacity; or when it is done by exploiting fear or threats of violence. Sexual assault with an object means using a hand, finger, object, or instrument to penetrate someone’s genital or anal opening. Sexual fondling means touching another person’s private parts (like genitals, anus, groin, breasts, inner thighs, or buttocks) for sexual gratification. The rape and sexual‑assault definitions do not apply to legitimate evidence collection or medical treatment by custodial or medical staff, to medical care not related to prison rape, or to body‑cavity searches by health care providers done to keep the facility safe if those searches follow constitutional rules.

Title 34, §30309

Navy — Source: USLM XML via OLRC

In this chapter, the following definitions shall apply:

(1)The term “carnal knowledge” means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight.

(2)The term “inmate” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.

(3)The term “jail” means a confinement facility of a Federal, State, or local law enforcement agency to hold—

(A)persons pending adjudication of criminal charges; or

(B)persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.

(4)The term “HIV” means the human immunodeficiency virus.

(5)The term “oral sodomy” means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.

(6)The term “police lockup” means a temporary holding facility of a Federal, State, or local law enforcement agency to hold—

(A)inmates pending bail or transport to jail;

(B)inebriates until ready for release; or

(C)juveniles pending parental custody or shelter placement.

(7)The term “prison” means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes—

(A)any local jail or police lockup; and

(B)any juvenile facility used for the custody or care of juvenile inmates.

(8)The term “prison rape” includes the rape of an inmate in the actual or constructive control of prison officials.

(9)The term “rape” means—

(A)the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will;

(B)the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or

(C)the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.

(10)The term “sexual assault with an object” means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person.

(11)The term “sexual fondling” means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.

(12)The terms and conditions described in paragraphs (9) and (10) shall not apply to—

(A)custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape;

(B)the use of a health care provider’s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or

(C)the use of a health care provider’s hands or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.

Editorial Notes

Codification Section was formerly classified to section 15609 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§30309 Definitions

Summary

Title 34, §30309

Notes & Related Subsidiaries

Editorial Notes

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