18 U.S.C. § 2245
Offenses resulting in death
A prior section 2245 was renumbered section 2246 of this title.
2006—Pub. L. 109–248 amended section catchline and text generally. Prior to amendment, text read as follows: “A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.”
Notes of Decisions
Cited in 63
cases (6 in the last 5 years), 1987–2026 · leading case: United States v. Manuel Jesus Torres, 937 F.2d 1469 (9th Cir. 1991).
United States v. Manuel Jesus Torres, 937 F.2d 1469 (9th Cir. 1991). “” The term “sexual act” as it pertains to Count 1 is defined in 18 U.S.C. § 2245 (2)(C) as “the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify…”
Kennedy v. Louisiana, 554 U.S. 407 (2008). “As for federal law, Congress in the Federal Death Penalty Act of 1994 expanded the number of federal crimes for which the death penalty is a permissible sentence, including certain nonhomicide offenses; but it did not do the same for child rape or abuse.”
People v. Landry, 385 P.3d 327 (Cal. 2016). “] Under 18 U.S.C. § 2245 , an offender is death eligible only when the sexual abuse or exploitation results in the victim's death.”
United States v. Leo Plenty Arrows, Jr., 946 F.2d 62 (8th Cir. 1991). “” The definition of “sexual act” is found in 18 U.S.C. § 2245 (2)(1988), which states: As used in this chapter .”
United States v. Douglas Demarrias, 876 F.2d 674 (8th Cir. 1989). “18 U.S.C. § 2245 (2) incorporates this reasoning into the definition of sexual act.”
United States v. Verl Hadley, 918 F.2d 848 (9th Cir. 1990). “” 18 U.S.C. § 2245 (3). The district judge found that the prior acts “have to do with alleged activities of Mr.”
United States v. Meacham, 115 F.3d 1488 (10th Cir. 1997). “” 18 U.S.C. § 2245 (3) (1986). The evidence at trial established that defendant’s conduct with the child constituted “sexual contact” under federal law and that it came within the scope of USSG § 2A3.”
United States v. Akbar, 74 M.J. 364 (C.A.A.F. 2015). “IN CONTRAST TO THE USAM, NO PROTOCOL EXISTS FOR CONVENING AUTHORITIES IN CAPITAL CASES, CREATING AN AD HOC SYSTEM OF CAPITAL SENTENCING.”
United States v. Kelly, 510 F.3d 433 (4th Cir. 2007). “There, this circuit interpreted a previous version of § 2423(b), which, because of a drafting error, defined a "sexual act” by cross-referencing 18 U.S.C. § 2245 . That section required that sexual abuse result in death.”
United States v. William Cherry, 938 F.2d 748 (7th Cir. 1991). “§ 2241 (a) by using force to “knowingly cause and attempt to cause [YW] to engage in a sexual act as defined in 18 U.S.C. § 2245 (2)(A), namely contact between the penis and the vulva.”
United States v. James Frederic Childress, 104 F.3d 47 (4th Cir. 1996). “” 18 U.S.C. § 2245 . Section 60010(a) of the Violent Crime Control and Law Enforcement Act of 1994 directs that new § 2245 be codified at 18 U.”
United States v. David W. Lanier, 33 F.3d 639 (6th Cir. 1994). “” The term “sexual act” as defined in 18 U.S.C. § 2245 (2)(B) includes oral sex.”
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