PRIA, Government Policy, Made Personal

Summary

Makes it illegal for anyone who is committing a crime covered by this law or under section 901 of the Fair Housing Act to do sexual misconduct or make someone else do it. Punishments depend on how serious the sexual misconduct was and the victim’s age. If the crime involves aggravated sexual abuse, sexual abuse, or an attempt at those, the person can be fined and sent to prison for any number of years or for life. Abusive sexual contact with a child under 16 of the kind in section 2244(a)(5) has the same maximum penalty. A nonconsensual sexual act that is not sexual abuse can bring fines and up to 40 years in prison. Other types of abusive touching carry maximum prison terms that vary: up to 10 years (or up to 30 years if the victim is under 12), up to 3 years (or up to 20 years if under 12), or up to 2 years (or up to 10 years if under 12). aggravated sexual abuse (see 2241) — very serious sexual crime. sexual abuse (see 2242) — serious sexual assault. sexual act (see 2246) — defined there. abusive sexual contact (see 2244) — defined there.

Title 18, §250

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Offense.—

It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct.

(b)Penalties.—

Any person who violates subsection (a) shall be—

(1)in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life;

(2)in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life;

(3)in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years;

(4)in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing—

(A)fined under this title and imprisoned for not more than 10 years; and

(B)if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years;

(5)in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)—

(A)fined under this title and imprisoned for not more than 3 years; and

(B)if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and

(6)in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244—

(A)fined under this title and imprisoned for not more than 2 years; and

(B)if the offense involves a child under the age of 12, imprisoned for not more than 10 years.

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.

§250 Penalties for Civil Rights Offenses Involving Sexual Misconduct

Summary

Title 18, §250

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata