§ 2243. — Sexual abuse of a minor or ward.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2243]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109A--SEXUAL ABUSE
Sec. 2243. Sexual abuse of a minor or ward
(a) Of a Minor.--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--
(1) has attained the age of 12 years but has not attained the
age of 16 years; and
(2) is at least four years younger than the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not
more than 15 years, or both.
(b) Of a Ward.--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 is--
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority
of the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not
more than one year, or both.
(c) Defenses.--(1) In a prosecution under subsection (a) of this
section, it is a defense, which the defendant must establish by a
preponderance of the evidence, that the defendant reasonably believed
that the other person had attained the age of 16 years.
(2) In a prosecution under this section, it is a defense, which the
defendant must establish by a preponderance of the evidence, that the
persons engaging in the sexual act were at that time married to each
other.
(d) State of Mind Proof Requirement.--In a prosecution under
subsection (a) of this section, the Government need not prove that the
defendant knew--
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the
persons so engaging.
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621, and
Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L.
101-647, title III, Sec. 322, Nov. 29, 1990, 104 Stat. 4818; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title I, Sec. 121[7(c)]], Sept.
30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub. L. 105-314, title III,
Sec. 301(b), Oct. 30, 1998, 112 Stat. 2979.)
Codification
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.
Amendments
1998--Subsec. (a). Pub. L. 105-314 struck out ``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'' after ``Whoever'' in introductory provisions.
1996--Subsec. (a). Pub. L. 104-208 inserted ``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'' after ``Whoever'' in introductory provisions.
1990--Subsec. (a). Pub. L. 101-647 substituted ``15 years'' for
``five years'' in concluding provisions.
Section Referred to in Other Sections
This section is referred to in sections 2244, 2255, 3486 of this
title; title 42 section 14135a.
