18 U.S.C. § 2242

Sexual abuse

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Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly—(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);(2) engages in a sexual act with another person if that other person is—(A) incapable of appraising the nature of the conduct; or(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or(3) engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3621, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 109–162, title XI, § 1177(a)(3), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 205, 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, § 554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117–103, div. W, title XII, § 1202(b), Mar. 15, 2022, 136 Stat. 924.)Editorial NotesCodification

Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2242.

Amendments

2022—Par. (3). Pub. L. 117–103 added par. (3).

2007—Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions.

2006—Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “and imprisoned for any term of years or for life” for “, imprisoned not more than 20 years, or both” in concluding provisions.

Pub. L. 109–162 inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions.

1994—Par. (1). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.

Statutory Notes and Related SubsidiariesEffective Date of 2022 Amendment

Amendment 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.

Notes of Decisions
Cited in 402 cases (84 in the last 5 years), 1980–2026 · leading case: United States v. Castillo, 140 F.3d 874 (10th Cir. 1998).
United States v. Castillo, 140 F.3d 874 (10th Cir. 1998). · cites it 16× “A jury convicted Serefino Castillo of four counts of sexual abuse in violation of 18 U.S.C. § 2242 (1) and four counts of sexual abuse of a minor in violation of 18 U.”
United States v. Christopher James, 810 F.3d 674 (9th Cir. 2016). · cites it 21× “JAMES SUMMARY** Criminal Law The panel reversed the district court’s decision granting a motion for acquittal after a jury rendered a verdict against the defendant on two counts of sexual abuse of a severely disabled woman under 18 U.S.C. § 2242 (2)(B), vacated the judgment of…”
United States v. Cabrera-Gutierrez, 756 F.3d 1125 (9th Cir. 2013). · cites it 13× “18 U.S.C. § 2242 . The Oregon statute, therefore, penalizes a broader class of behavior than the federal statute.”
United States v. James Bruguier, 735 F.3d 754 (8th Cir. 2013). · cites it 12× “A jury convicted James Bruguier of sexual abuse, in violation of 18 U.S.C. § 2242 (2); burglary, in violation of S.”
United States v. Anthony Fast Horse, 747 F.3d 1040 (8th Cir. 2014). · cites it 11× “See 18 U.S.C. § 2242 (2).1 Fast Horse and Crow Dog were married, and Crow Dog is Little Elk’s older half-sister.”
United States v. Patrick Wandahsega, 924 F.3d 868 (6th Cir. 2019). · cites it 2× “" 18 U.S.C. § 2242 (2)(A). Criminal sexual abuse involves a sexual act rather than sexual contact.”
United States v. David Wilcox, 487 F.3d 1163 (8th Cir. 2007). · cites it 5× “, in violation of 18 U.S.C. §§ 2242 and 2243. On appeal, Wilcox challenges the sufficiency of the evidence against him, the process for selecting the jury that convicted him, several of the district court’s evidentiary rulings, the jury instructions, the reasonableness of the…”
United States v. Lynn Michael LaVictor, 848 F.3d 428 (6th Cir. 2017). · cites it 2× “Pre-trial proceedings On July 22, 2014, a five-count indictment charged LaVictor with, inter alia: (1) attempted sexual abuse pursuant to 18 U.S.C. § 2242 (2)(B) (“Count One”); (2) aggravated sexual abuse pursuant to 18 U.”
United States v. Spurlock, 495 F.3d 1011 (8th Cir. 2007). · cites it 4× “, whether the federal statutes under which he was charged require the involvement of an actual minor, and whether 18 U.S.C. § 2242 (b) requires direct communication with a minor.”
United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999). · cites it 4× “§ 2241 ; one count of sexual abuse, in violation of 18 U.S.C. § 2242 , and five counts of abusive sexual contact, in violation of 18 U.”
United States v. Papakee, 573 F.3d 569 (8th Cir. 2009). · cites it 4× “" 18 U.S.C. § 2242 (2). The term "sexual act" refers, among other things, to "the penetration, however slight, of the .”
United States v. Stewart Boyles, 57 F.3d 535 (7th Cir. 1995). · cites it 4× “” 18 U.S.C. § 2242 (1). 5 The jury returned verdicts of guilty against Boyles on all five counts charged in the indictment, and the Probation Department calculated his adjusted offense level at 33 6 and a criminal history category of IV.”
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