U.S. Code » Title 34 » Subtitle Subtitle III— Prevention of Particular Crimes › Chapter CHAPTER 303— PRISON RAPE ELIMINATION

34 U.S.C. § 30302

Purposes

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The purposes of this chapter are to—(1) establish a zero-tolerance standard for the incidence of prison rape in prisons in the United States;(2) make the prevention of prison rape a top priority in each prison system;(3) develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape;(4) increase the available data and information on the incidence of prison rape, consequently improving the management and administration of correctional facilities;(5) standardize the definitions used for collecting data on the incidence of prison rape;(6) increase the accountability of prison officials who fail to detect, prevent, reduce, and punish prison rape;(7) protect the Eighth Amendment rights of Federal, State, and local prisoners;(8) increase the efficiency and effectiveness of Federal expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment; and homelessness; and(9) reduce the costs that prison rape imposes on interstate commerce.(Pub. L. 108–79, § 3, Sept. 4, 2003, 117 Stat. 974.)Editorial NotesCodification

Section was formerly classified to section 15602 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Notes of Decisions
Cited in 78 cases (59 in the last 5 years), 2018–2026 · leading case: John Kalu v. Spaulding
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John Kalu v. Spaulding (2024) ca3 · cites it 2× “” 34 U.S.C. § 30302 (1), (3). While the Act established several mechanisms to tackle the issue of sexual abuse in prisons, it did not create a cause of action against federal prison officials.”
Gregory Ricks v. D. Shover (2018) ca3 “" 34 U.S.C. § 30302 (1). Rape is objectively intolerable, cruel, and unusual.”
Kristin Sconiers v. FNU Lockhart (2020) ca11 “34 U.S.C. § 30302 (1). Upon his administration’s finalization of a rule adopting national standards to implement the PREA, President Obama announced, “Sexual violence, against any victim, is an assault on human dignity and an affront to American values.”
Dewayne Bearchild v. Kristy Cobban (2020) ca9 “]” 34 U.S.C. § 30302 (1)–(2). The Act directed the Attorney General to “publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape.”
John Does 8-10 v. Rick Snyder (2019) ca6 “” 34 U.S.C. § 30302 (formerly 42 U.S.C. § 15602 ).”
Earl Johnson, Jr. v. Richard Robinette (2024) ca4 “” 34 U.S.C. § 30302 (1), (7). The act defines “rape” as “the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will.”
L. C. v. United States (2023) ca6 “§ 4042 ; 34 U.S.C. §§ 30302 , 30307; and the regulations that implement PREA ( 28 C.”
M.T. v. City of N.Y. (2018) ilsd “" 34 U.S.C. § 30302 (1). In 2012, the City had a number of policies in place to implement its zero-tolerance policy.”
Simpson v. Cisneros (2025) ca5 “See also 34 U.S.C. § 30302 (7) (listing one of the purposes of PREA as protecting the Eighth Amendment rights of prisoners).”
L. C. v. USA (2022) kyed · cites it 2× “points to 34 U.S.C. § 30302 , also known as the PREA, as providing “federally- mandated Standards” that are “statutorily required.”
Carter v. Hillsboro Treatment Center (2021) moed · cites it 2× “9 34 U.S.C. § 30302 is a federal statute enumerating the purposes of the PREA.”
IN RE RONALD H. TUTTLE (2024) njd · cites it 2× “, 4 Prison Rape Elimination Act, 34 U.S.C. § 30302 et seq. citing Dkt. Nos.”
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