Federal Sexual Abuse Crimes — Federal Jurisdiction Sexual Violence

Federal law criminalizes sexual violence in any location subject to federal jurisdiction — national parks, military bases, federal prisons, federally contracted detention facilities, tribal lands, ships at sea, and U.S. territories and possessions. See Federal Domestic Violence & Stalking for the related interstate domestic violence framework. Under 18 U.S.C. §§ 2241–2248, the same conduct that would be prosecuted as rape or sexual assault under state law becomes a federal crime when it occurs in these federal spaces or involves federal custody. The statutes create graduated offenses from aggravated sexual abuse (the most severe — carrying life imprisonment in the most serious circumstances) down to abusive sexual contact, and they apply inside federal prisons to protect people in government custody from abuse by correctional staff as well as other incarcerated individuals.

Current Law (2026)

Legal Authority

• 18 U.S.C. § 2241 — Aggravated sexual abuse: makes it a federal crime to (1) use force, threat of death/serious injury/kidnapping, or render the victim unconscious; (2) administer drugs or intoxicants without consent; to cause that person to engage in a sexual act; up to life imprisonment
• 18 U.S.C. § 2242 — Sexual abuse: knowingly causing a person to engage in a sexual act by threatening or placing them in fear, or engaging in a sexual act with a person who is incapable of appraising the nature of the conduct or physically incapable of resisting; up to 20 years
• 18 U.S.C. § 2243 — Sexual abuse of a minor, a ward, or an individual in federal custody: engaging in a sexual act with a minor aged 12–15 (regardless of consent); also covers sexual acts with individuals in federal custody or wards of the court; up to 15 years; affirmative defense that defendant did not know age in some circumstances
• 18 U.S.C. § 2244 — Abusive sexual contact: sexual contact (not necessarily a "sexual act" as defined) under the circumstances of §§ 2241, 2242, or 2243; graduated penalties from 2 to 10 years depending on the severity of the underlying coercion or age of victim
• 18 U.S.C. § 2245 — Offenses resulting in death: enhanced penalties when a sexual offense results in the victim's death
• 18 U.S.C. § 2246 — Definitions: defines key terms — "sexual act" means contact between genitalia or between mouth and genitalia (even slight penetration counts for penile-vaginal or penile-anal contact); "sexual contact" is a broader category including intentional touching of intimate areas; "serious bodily injury" and definitions for federal custody
• 18 U.S.C. § 2247 — Repeat offenders: after a prior sex-offense conviction, the maximum sentence is doubled for a new conviction under this chapter; "prior sex-offense conviction" defined by reference to § 2426(b)
• 18 U.S.C. § 2248 — Mandatory restitution: courts must order restitution to the victim in addition to any sentence; mandatory, not discretionary; victim's total damages are assessed and the order is issued regardless of the defendant's ability to pay

The Federal Jurisdiction Trigger

Federal sexual abuse statutes apply in "special maritime and territorial jurisdiction" — a legal concept that covers:

• All U.S. territories and possessions (Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands)
• National parks, national forests, and other federal land
• U.S. ships at sea and aircraft
• Federal buildings and federally owned or leased property
• Federal prisons, detention centers, and any facility holding people under federal order or contract (including immigration detention and private prisons with federal contracts)
• Native American tribal lands to the extent federal jurisdiction applies

When sexual violence occurs on state-jurisdiction land, state law governs. But inside a federal prison, on a military base, in a national park, or on a cruise ship in international waters, the federal statutes apply. When abuse involves a minor, federal child exploitation statutes may apply concurrently — and federal prosecutors handle the case.

Aggravated Sexual Abuse: The Most Serious Offense

Section 2241 is the federal equivalent of first-degree rape. It requires the government to prove either:

• Force element: The defendant used force, threatened death, threatened serious bodily injury, or threatened kidnapping against the victim or another person
• Intoxication element: The defendant rendered the victim unconscious, or administered drugs, intoxicants, or other substances that substantially impaired the victim's ability to resist — without the victim's knowledge and consent

The maximum penalty is life imprisonment. There is no consent defense when force or threats are used — consent obtained through threats of death or serious injury is not legally cognizable consent.

Sexual Abuse in Federal Custody

Section 2243 creates a specific offense for sexual abuse of people in federal custody — including prisons, juvenile facilities, and immigration detention. The statute covers sexual acts with wards of the federal government (people committed to the custody of a federal agency) and with individuals held in federal facilities.

This provision is the federal criminal law counterpart to the Prison Rape Elimination Act (PREA), which requires facilities to prevent sexual abuse and maintain reporting systems. Under § 2243, a correctional officer or staff member who engages in sexual contact with a person in their custody — even if the contact was nominally "consensual" — may be prosecuted, because genuine consent is legally impossible when one party has custodial authority over the other.

Mandatory Restitution

Section 2248 requires courts to order restitution in every federal sexual abuse case — it's not optional. The court must assess the victim's actual losses: medical and psychological treatment costs, physical and occupational therapy, transportation costs related to the offense, temporary housing, lost income, and legal fees. The restitution order is separate from any fine or imprisonment.

How It Affects You

If you're a victim of sexual violence on federal land or in a federal facility: Federal criminal law applies — contact the FBI directly (tips.fbi.gov or 1-800-CALL-FBI), not just local law enforcement, because FBI has jurisdiction on federal land. This includes national parks, national forests, military bases, federal buildings, and federal prisons. On federal land, FBI agents investigate; they work alongside local law enforcement but lead the federal case. Sexual assault forensic exams and SANE nurses are available at nearby hospitals regardless of whether you choose to report.

If you're incarcerated in a federal facility: You have rights under both PREA and federal criminal statutes if you're sexually abused by staff or other inmates. The BOP's PREA hotline (202-307-1198) is available 24 hours. Reports of staff sexual misconduct are handled by the facility's PREA coordinator and can also be referred to the DOJ Office of Inspector General for independent criminal investigation. You may be entitled to mandatory restitution under 18 U.S.C. § 2248 for any federal sexual abuse conviction. If you face retaliation for reporting, document everything and contact the OIG.

If you're in a tribal community dealing with sexual violence: Sexual abuse on Native American reservations often falls under federal jurisdiction. Under the Major Crimes Act (18 U.S.C. § 1153), the FBI is the primary law enforcement agency for major felonies — including sexual abuse — on many reservations, though the specific framework depends on the tribe and state. The Violence Against Women Act Tribal Provisions (as amended in 2013 and 2022) also allow tribal courts to prosecute non-Indians for sexual violence against Native women in some circumstances. Contact the FBI field office serving your reservation or the tribal law enforcement authority to determine jurisdiction in a specific case.

If you're an attorney or victim advocate: Federal sexual abuse statutes (§§ 2241–2248) are generally aligned with but not identical to state-law analogs. The critical differences are the jurisdictional triggers (federal land, federal facilities, maritime/aircraft, trafficking connection) and the mandatory restitution requirement under § 2248, which covers medical services, lost income, attorney fees, and other costs. Victims may also have civil remedies under the Trafficking Victims Protection Reauthorization Act (for trafficking-related cases; see Human Trafficking & Forced Labor) or state tort law. When federal jurisdiction attaches, the federal case runs independently of any state prosecution — separate sovereigns, no double jeopardy bar.

State Variations

Federal sexual abuse statutes apply only in federal jurisdictions; state law governs sexual violence everywhere else. State rape and sexual assault laws vary significantly in their definitions, penalties, statute of limitations, and procedural rules. Most states have eliminated the historical "marital rape exemption." The federal statutes provide a floor for federal jurisdictions but do not preempt or supersede state sexual assault laws for state-jurisdiction offenses.

Pending Legislation

No major structural changes to the federal sexual abuse statutes (§§ 2241–2248) are pending as of 2026. Ongoing policy work focuses on PREA implementation (requiring periodic assessments of federal facilities' compliance with sexual abuse prevention standards) and on mandatory restitution collection and enforcement.

Recent Developments

The #MeToo era (2017–present) produced significant public attention to institutional sexual abuse, including in federal facilities. DOJ and BOP have faced scrutiny over sexual abuse by federal prison staff — former BOP director Michael Carvajal resigned in 2022 after congressional investigations into abuse at multiple facilities. SIGTARP and the BOP OIG continue to investigate and refer cases for prosecution. Federal courts have also addressed the scope of mandatory restitution under § 2248 in a series of cases that tightened the connection between loss and offense required for restitution orders.

• Trump DOJ's "Project Safe Childhood" expansion in 2025: AG Bondi directed USAOs to prioritize federal sexual abuse prosecutions — particularly against offenders in federal custody and on federal lands — as part of a broader law enforcement emphasis; this expanded mandatory minimum sentencing recommendations in plea agreements.
• BOP staffing shortages and oversight gaps: DOGE workforce reductions at the Bureau of Prisons in 2025 exacerbated already critical understaffing at federal correctional institutions; the BOP OIG warned that reduced staffing increases sexual abuse risk for incarcerated people, who already face elevated assault rates, and complicates PREA compliance audits.
• AI-generated child sexual abuse material (CSAM) and federal jurisdiction: courts in 2024-2025 confirmed that AI-generated CSAM violates 18 USC § 2256's definition of "visual depiction" regardless of whether a real child was depicted; DOJ pursued the first federal prosecutions under this theory, testing statutory language written before AI-generated imagery was technically feasible.