For purposes of this subpart, “sexually violent conduct” includes any unlawful conduct of a sexual nature with another person (“the victim”) that involves:
(a) The use or threatened use of force against the victim;
(b) Threatening or placing the victim in fear that the victim, or any other person, will be harmed;
(c) Rendering the victim unconscious and thereby engaging in conduct of a sexual nature with the victim;
(d) Administering to the victim, by force or threat of force, or without the knowledge or permission of the victim, a drug, intoxicant, or other similar substance, and thereby substantially impairing the ability of the victim to appraise or control conduct; or
(e) Engaging in such conduct with a victim who is incapable of appraising the nature of the conduct, or physically or mentally incapable of declining participation in, or communicating unwillingness to engage in, that conduct.
Notes of Decisions
United States v. Comstock, 627 F.3d 513 (4th Cir. 2010).
“The regulations promulgated pursuant to the Act also do not limit “sexually violent conduct” or “child molestation” to criminal activity.”
United States v. Sean Francis, 686 F.3d 265 (4th Cir. 2012).
“…with another person” that involves, among other things, the "use or threatened use of force against the victim.” 28 C.F.R. 549.92(a).”
United States v. Timms, 799 F. Supp. 2d 582 (E.D.N.C. 2011).
“” 28 C.F.R. § 549.92 . The foregoing definition adequately notifies a person of reasonable intelligence and experience of conduct that is covered by the Adam Walsh Act.”
— 28 C.F.R. § 549.92(a) — 1 case
United States v. Sean Francis, 686 F.3d 265 (4th Cir. 2012).
“…with another person” that involves, among other things, the "use or threatened use of force against the victim.” 28 C.F.R. 549.92(a).”
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