18 U.S.C. § 2246

Definitions for chapter

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As used in this chapter—(1) the term “prison” means a correctional, detention, or penal facility;(2) the term “sexual act” means—(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;(C) 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 the sexual desire of any person; or(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;(3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;(4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;(5) the term “official detention” means—(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation;but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency;(6) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and(7) the term “Federal law enforcement officer” has the meaning given the term in section 115.(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3622, § 2245, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3662, § 2245; renumbered § 2246 and amended Pub. L. 103–322, title IV, § 40502, title VI, § 60010(a)(1), Sept. 13, 1994, 108 Stat. 1945, 1972; Pub. L. 105–314, title III, § 301(c), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 117–103, div. W, title XII, § 1202(e), Mar. 15, 2022, 136 Stat. 925.)Editorial NotesCodification

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

Amendments

2022—Par. (7). Pub. L. 117–103 added par. (7).

1998—Par. (6). Pub. L. 105–314 added par. (6).

1994—Pub. L. 103–322, § 60010(a)(1), renumbered section 2245 of this title as this section.

Par. (2)(D). Pub. L. 103–322, § 40502, added subpar. (D).

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 448 cases (112 in the last 5 years), 1995–2026 · leading case: United States v. Shafer, 573 F.3d 267 (6th Cir. 2009).

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United States v. Shafer, 573 F.3d 267 (6th Cir. 2009). · cites it 18× “First, the district judge found that, although "sexual act," as defined by 18 U.S.C. § 2246 (2), requires one individual to make contact with another individual, the plain language of 18 U.”

United States v. Scott Hayward, 359 F.3d 631 (3rd Cir. 2004). · cites it 10× “] 18 U.S.C. § 2246 (2). Section 2A3.4 applies when a defendant engages in or attempts to engage in abu *640 sive sexual contact.”

United States v. Patrick Wandahsega, 924 F.3d 868 (6th Cir. 2019). · cites it 2× “" 18 U.S.C. § 2246 (3) Even without the DNA evidence or H.”

United States v. Shafer, 557 F.3d 440 (6th Cir. 2009). · cites it 14× “First, the district judge found that, although "sexual act," as defined by 18 U.S.C. § 2246 (2), requires one individual to make contact with another individual, the plain language of 18 U.”

United States v. Ronald Gene Kenyon, Also Known as Ronald G. Bingen, 397 F.3d 1071 (8th Cir. 2005). · cites it 5× “” This evidence is sufficient to establish the sexual act of touching another’s genitalia in violation of 18 U.S.C. § 2246 (2)(D). See Lee, 232 F.3d at 655 (holding testimony that defendant touched child “between [her] legs” both outside and inside her clothing was sufficient to…”

United States v. Castillo, 140 F.3d 874 (10th Cir. 1998). · cites it 4× “§§ 2242 , 2243. Section 2244, on the other hand, which prohibits sexual contact, requires “an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of another person.”

United States v. Edward Raiburn, 20 F.4th 416 (8th Cir. 2021). · cites it 8× “’s move to Des Moines in July 2019 cannot be said to have been preparation for the offense of production of selfie-styled nude images of K.N. weeks later in August 2019.”

United States v. Levian Pacheco Pacheco, 977 F.3d 764 (9th Cir. 2020). · cites it 7× “” 18 U.S.C. § 2246 (5)(A). The panel held that, under § 2246(5)(A), the phrase “pending … deportation” does not require a finding of actual or inevitable removal from the United States.”

United States v. Shawn Shaw, 891 F.3d 441 (3rd Cir. 2018). · cites it 3× “" 18 U.S.C. § 2246 (2)(A), (C). A " 'sexual act' .”

United States v. Norman T., 129 F.3d 1099 (10th Cir. 1997). · cites it 7× “raises several issues: he challenges the district court’s reading of 18 U.S.C. § 2246 (2)(C); he contests the sufficiency of the evidence on the elements of penetration and intent; he argues the district court erred in allowing the victim to testify; and he contends the district…”

United States v. Jeffrey Stock, 685 F.3d 621 (6th Cir. 2012). · cites it 6× “18 U.S.C. § 2246 (2). Stock’s 1998 Indiana sexual-battery offenses were not—at least as far as we can tell from the record—“comparable or more severe than” the two federal sexual-abuse offenses listed in 42 U.”

United States v. Francis Crowley, 318 F.3d 401 (2d Cir. 2003). · cites it 3× “Section 2241(a)(1), the most relevant for purposes of this opinion, prohibits causing or attempting to cause another person to commit a sexual act (specifically defined in 18 U.S.C. § 2246 (2) as including, as to adults, essentially only genital, oral, anal or digital…”

Show all 448 citing cases →

— 18 U.S.C. § 2246(2) — 1 case

United States v. Starr, 486 F. Supp. 2d 940 (N.D. Iowa 2007).

— 18 U.S.C. § 2246(2)(D) — 1 case

United States v. Downer (4th Cir. 1998).

— 18 U.S.C. § 2246(3) — 3 cases

STATE of Louisiana v. Gary LAYTON; State of Louisiana v. Gary Layton, 168 So. 3d 358 (La. 2015).

United States v. Colfax (9th Cir. 2026).

Elliott v. United States (D.N.M. 2024).

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