PRIA, Government Policy, Made Personal

Summary

Defines key words used in the chapter. prison means any jail, detention center, or penal institution. sexual act covers four kinds of sexual conduct: penis-to-vulva or penis-to-anus contact (even a little penetration), mouth-to-genital or mouth-to-anus contact, penetration of another’s genitals or anus by a hand, finger, or object done to abuse, humiliate, harass, degrade, or sexually arouse or please someone, and intentionally touching, not through clothing, the genitals of a person under 16 with those same purposes. sexual contact means intentionally touching (directly or through clothing) the genitals, anus, groin, breast, inner thigh, or buttocks of anyone to abuse, humiliate, harass, degrade, or sexually arouse or please someone. serious bodily injury means an injury that creates a substantial risk of death, causes unconsciousness, extreme pain, long-lasting obvious disfigurement, or long-term loss or loss of function of a body part, organ, or mental ability. official detention means custody by a Federal officer or under their direction after arrest, surrender, charge, conviction, juvenile delinquency finding, commitment as a material witness, civil commitment instead of criminal proceedings, or while awaiting extradition, deportation, or exclusion, and also includes custody for related tasks like transport, medical care, court appearances, work, or recreation; it does not include supervision after release on bail, probation, parole, or after juvenile delinquency (except custody during specific hours or days). State means any U.S. State, the District of Columbia, and any U.S. commonwealth, possession, or territory. Federal law enforcement officer means what section 115 says it means.

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;

but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency;

(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.

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.

§2246 Definitions for Chapter

Summary

Title 18, §2246

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata