§30309 — Title 34 Navy | U.S. Code

Summary

Defines common words used in this chapter about sexual acts and confinement. It explains what certain acts are, who counts as an inmate, what jails and lockups are, and when medical or custody actions are not treated as crimes. Carnal knowledge — sexual contact when a penis touches the vulva or the anus, even if penetration is very slight. Inmate — a person held in a facility who is accused, convicted, sentenced, or found delinquent for crimes, or who is under parole, probation, pretrial release, or a diversion program. Jail — a federal, state, or local facility that holds people awaiting court or people serving sentences of 1 year or less. HIV — the human immunodeficiency virus. Oral sodomy — contact between the mouth and the penis, vulva, or anus. Police lockup — a temporary holding place run by law enforcement for people awaiting bail or transport, inebriates until ready for release, or juveniles awaiting parental custody or shelter placement. Prison — any government confinement facility (even if run by a private group), and it also covers local jails, lockups, and juvenile custody facilities. Prison rape — rape of an inmate while under the control or authority of prison officials. Rape — carnal knowledge, oral sodomy, sex with an object, or sexual touching when done by force; or when the victim cannot consent because of age or mental/physical incapacity; or when done by exploiting fear or threats of physical harm. Sexual assault with an object — using a hand, finger, object, or instrument to penetrate the genital or anal opening, even slightly. Sexual fondling — touching another person’s private parts (like genitals, anus, groin, breast, inner thigh, or buttocks) for sexual gratification. Exceptions — the rules about rape and sexual assault do not apply to custodial or medical staff who gather evidence or give legitimate medical care, to normal medical treatment unrelated to prison rape, or to body-cavity searches done by health staff for security if carried out consistent with constitutional requirements.

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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