Title 34NavyRelease 119-73

§60106 Incentives for States

Title 34 › Subtitle Subtitle VI— - Other Crime Control and Law Enforcement Matters › Chapter CHAPTER 601— - PRISONS › § 60106

Last updated Apr 6, 2026|Official source

Summary

The Attorney General can give grants to States that make it a crime for anyone acting with state authority to have sex with a person who is arrested, detained, or in custody, and that bar the accused from using the other person’s consent as a defense. A State must apply for the grant and give whatever information the Attorney General asks for, including details about that law. Each year a grant recipient must report how many complaints were made about officials having sex with people in custody and what happened with each case. Grants cannot be larger than 10 percent of the average total of the State’s three most recent awards from two programs: the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program. The Attorney General must raise the amounts given to a State under those two programs for a two-year period. States may seek renewals, but may not get these grants for more than four years total. Recipients must use 25% of the funds for uses allowed under the STOP program and 75% for uses allowed under the Sexual Assault Services Program. Congress authorized $5,000,000 for each fiscal year 2023 through 2027. “State” includes the 50 States, the District of Columbia, Indian Tribes, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

Full Legal Text

Title 34, §60106

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(a)The Attorney General is authorized to make grants to States that have in effect a law that—
(1)makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and
(2)prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
(b)A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—
(1)the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and
(2)the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
(c)A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).
(d)The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs:
(1)Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).
(2)section 12511 of this title (commonly referred to as the “Sexual Assault Services Program”).
(e)(1)The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period.
(2)A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(3)A State may not receive a grant under this section for more than 4 years.
(f)A State that receives a grant under this section shall use—
(1)25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and
(2)75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).
(g)There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.
(h)For purposes of this section, the term “State” means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (d)(1), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part T of title I of the Act is classified principally to subchapter XIX (§ 10441 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see

Short Title

of 1968 Act note set out under section 10101 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 a note under section 6851 of Title 15, Commerce and Trade. Reports to Congress Pub. L. 117–103, div. W, title XII, § 1204, Mar. 15, 2022, 136 Stat. 926, provided that: “(a) Report by Attorney General.—Not later than 1 year after the date of enactment of this Act [Mar. 15, 2022], and each year thereafter, the Attorney General shall submit to Congress and make publicly available on the Department of Justice website a report containing—“(1) the information required to be reported to the Attorney General under section 1203(b) [34 U.S.C. 60106(b)]; and “(2) information on—“(A) the number of reports made, during the previous year, to Federal law

Enforcement

agencies regarding persons engaging in a sexual act while acting under color of law; and “(B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported. “(b) Report by GAO.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 1302, committed during the 1-year period covered by the report. “(c) Report by Attorney General on Conflicts Between State’s Marriage-age and Age-based Sex Offenses.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report that examines inconsistencies between State laws on marriage-age and State laws on age-based sex offenses and, in particular, States with laws that—“(1) provide an exception to definitions of age-based sex offenses (including statutory rape), or a defense to prosecution for such offenses, based on the marriage of the perpetrator to the victim; or “(2) allow marriages between parties at ages, or with age differences between them, such that sexual acts between those parties outside of marriage would constitute an age-based sex offense (including statutory rape).” [For definitions of terms used in section 1204 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title, and section 1205 of Pub. L. 117–103, set out below.] Definition Pub. L. 117–103, div. W, title XII, § 1205, Mar. 15, 2022, 136 Stat. 927, provided that: “In this title [see

Short Title

of 2022 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure], the term ‘sexual act’ has the meaning given the term in section 2246 of title 18, United States Code.” For definitions of other terms used in this section, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title.

Reference

Citations & Metadata

Citation

34 U.S.C. § 60106

Title 34Navy

Last Updated

Apr 6, 2026

Release point: 119-73