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28 C.F.R. § 571.72   Additional designated offenses.

Title 28 - Judicial Administration

Title 28: Judicial Administration
PART 571—RELEASE FROM CUSTODY
Subpart H—Designation of Offenses for Purposes of 18 U.S.C. 4042(c)

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§ 571.72   Additional designated offenses.

The following offenses are designated as additional sexual offenses for purposes of 18 U.S.C. 4042(c):

(a) Any offense under the law of any jurisdiction that involved:

(1) Engaging in sexual contact with another person without obtaining permission to do so (forcible rape, sexual assault, or sexual battery);

(2) Possession, distribution, mailing, production, or receipt of child pornography or related paraphernalia;

(3) Any sexual contact with a minor or other person physically or mentally incapable of granting consent (indecent liberties with a minor, statutory rape, sexual abuse of the mentally ill, rape by administering a drug or substance);

(4) Any sexual act or contact not identified in paragraphs (a)(1) through (3) of this section that is aggressive or abusive in nature (rape by instrument, encouraging use of a minor for prostitution purposes, incest);

(5) An attempt to commit any of the actions described in paragraphs (a)(1) through (4) of this section.

(b) The following Defense Incident Based Reporting System (DIBRS) Code offenses under the Uniform Code of Military Justice:

(1) 120A (Rape);

(2) 120B1/2 (Carnal knowledge);

(3) 125A (Forcible sodomy);

(4) 125B1/2 (Sodomy of a minor);

(5) 133D (Conduct unbecoming an Officer [involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor]);

(6) 134–B6 (Prostitution involving a minor);

(7) 134–C1 (Indecent assault);

(8) 134–C4 (Assault with intent to commit rape);

(9) 134–C6 (Assault with intent to commit sodomy);

(10) 134–R1 (Indecent act with a minor);

(11) 134–R3 (Indecent language to a minor);

(12) 134–S1 (Kidnaping of a minor (by a person not a parent));

(13) 134–Z (Pornography involving a minor);

(14) 134–Z (Conduct prejudicial to good order and discipline (involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor));

(15) 134–Y2 (Assimilative crime conviction (of a sexually violent offense or a criminal offense of a sexual nature against a minor or kidnaping of a minor)).

(16) 080–A (Attempt (to commit any offense listed in paragraphs (b)(1)—(15) of this section));

(17) 081–A (Conspiracy (to commit any offense listed in paragraphs (b)(1)—(15) of this section));

(18) 082–A (Solicitation (to commit any offense listed in paragraphs (b)(1)—(15) of this section)).

(c) The following District of Columbia Code offenses:

(1) §22–501 (Assault) if it includes assault with the intent to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse;

(2) §22–2012 (Sexual performances using minors—prohibited acts);

(3) §22–2013 (Sexual performances using minors—penalties);

(4) §22–2101 (Kidnaping) where the victim is a minor;

(5) §22–2401 (Murder in the first degree) if it includes murder while committing or attempting to commit first degree sexual abuse;

(6) §22–2704 (Abducting or enticing child from his or her home for purposes of prostitution; harboring such child);

(7) §22–4102 (First degree sexual abuse);

(8) §22–4103 (Second degree sexual abuse);

(9) §22–4104 (Third degree sexual abuse);

(10) §22–4105 (Fourth degree sexual abuse);

(11) §22–4106 (Misdemeanor sexual abuse);

(12) §22–4108 (First degree child sexual abuse);

(13) §22–4109 (Second degree child sexual abuse);

(14) §22–4110 (Enticing a child);

(15) §22–4113 (First degree sexual abuse of a ward);

(16) §22–4114 (Second degree sexual abuse of a ward);

(17) §22–4115 (First degree sexual abuse of a patient or client);

(18) §22–4116 (Second degree sexual abuse of a patient or client);

(19) §22–4118 (Attempts to commit sexual offenses);

(20) §22–4120 (Aggravating circumstances).

(21) §22–103 (Attempts to commit crime) if it includes an attempt to commit any offense listed in paragraphs (c)(1)–(20) of this section.

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