§ 2241. — Aggravated sexual abuse.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2241]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109A--SEXUAL ABUSE
Sec. 2241. Aggravated sexual abuse
(a) By Force or Threat.--Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly causes another person to engage in a sexual act--
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any
person will be subjected to death, serious bodily injury, or
kidnapping;
or attempts to do so, shall be fined under this title, imprisoned for
any term of years or life, or both.
(b) By Other Means.--Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly--
(1) renders another person unconscious and thereby engages in a
sexual act with that other person; or
(2) administers to another person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby--
(A) substantially impairs the ability of that other person
to appraise or control conduct; and
(B) engages in a sexual act with that other person;
or attempts to do so, shall be fined under this title, imprisoned for
any term of years or life, or both.
(c) With Children.--Whoever crosses a State line with intent to
engage in a sexual act with a person who has not attained the age of 12
years, or in the special maritime and territorial jurisdiction of the
United States or in a Federal prison, knowingly engages in a sexual act
with another person who has not attained the age of 12 years, or
knowingly engages in a sexual act under the circumstances described in
subsections (a) and (b) with another person who has attained the age of
12 years but has not attained the age of 16 years (and is at least 4
years younger than the person so engaging), or attempts to do so, shall
be fined under this title, imprisoned for any term of years or life, or
both. If the defendant has previously been convicted of another Federal
offense under this subsection, or of a State offense that would have
been an offense under either such provision had the offense occurred in
a Federal prison, unless the death penalty is imposed, the defendant
shall be sentenced to life in prison.
(d) State of Mind Proof Requirement.--In a prosecution under
subsection (c) of this section, the Government need not prove that the
defendant knew that the other person engaging in the sexual act had not
attained the age of 12 years.
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3620, and
Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3660; amended Pub. L.
103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108 Stat. 2150;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec. 121[7(b)]],
Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub. L. 105-314, title
III, Sec. 301(a), Oct. 30, 1998, 112 Stat. 2978.)
Codification
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2241.
Amendments
1998--Subsec. (c). Pub. L. 105-314 substituted ``younger than the
person so engaging'' for ``younger than that person''.
1996--Subsec. (c). Pub. L. 104-208 reenacted heading without change
and amended text generally. Prior to amendment, text read as follows:
``Whoever, in the special maritime and territorial jurisdiction of the
United States or in a Federal prison, knowingly engages in a sexual act
with another person who has not attained the age of 12 years, or
attempts to do so, shall be fined under this title, imprisoned for any
term of years or life, or both.''
1994--Subsec. (a)(2). Pub. L. 103-322 substituted ``kidnapping'' for
``kidnaping''.
Effective Date
Section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654
provided, respectively, that: ``This section and the amendments made by
this section [see Short Title note below] shall take effect 30 days
after the date of the enactment of this Act [Nov. 10, 1986].'' and
``This Act and the amendments made by this Act [see Short Title note
below] shall take effect 30 days after the date of the enactment of this
Act [Nov. 14, 1986].''
Short Title of 1996 Amendment
Section 101(a) [title I, Sec. 121[7(a)]] of Pub. L. 104-208 provided
that: ``This section [probably means subsec. 7 of section 121 of Pub. L.
104-208, div. A, title I, Sec. 101(a), which amended sections 2241 and
2243 of this title] may be cited as the `Amber Hagerman Child Protection
Act of 1996'.''
Short Title
Section 87(a) of Pub. L. 99-646 and section 1 of Pub. L. 99-654
provided, respectively, that: ``This section [enacting this chapter,
amending sections 113, 1111, 1153, and 3185 of this title, sections
300w-3, 300w-4, and 9511 of Title 42, The Public Health and Welfare, and
section 1472 of former Title 49, Transportation, and repealing chapter
99 of this title] may be cited as the `Sexual Abuse Act of 1986'.'' and
``This Act [enacting this chapter, amending sections 113, 1111, 1153,
and 3185 of this title, sections 300w-3, 300w-4, and 9511 of Title 42,
and section 1472 of former Title 49, Transportation, and repealing
chapter 99 of this title] may be cited as the `Sexual Abuse Act of
1986'.''
Section Referred to in Other Sections
This section is referred to in sections 2119, 2244, 2255, 3486,
3559, 5032 of this title; title 42 sections 14071, 14072, 14135a.
