Aggravated sexual abuse
Official text prohibited actmental stateif conditionpenaltylegal term
(a) By Force or Threat. Whoever, in the or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, 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, , or kidnapping;
or to do so, shall be , imprisoned for any term of years or life, or both.
(b) By Other Means. Whoever, in the or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, 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 to do so, shall be , 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 or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, 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 to do so, shall be and imprisoned for not less than 30 years or for life. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense or an offense under the Uniform Code of Military Justice that would have been an offense under any 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.
History: (Added Pub. L. 99–646, §87(b), Nov. 10, 1986, 100 Stat. 3620 (PDF, 5.1 MB), and Pub. L. 99–654, §2, Nov. 14, 1986, 100 Stat. 3660; amended Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150 (PDF, 52 MB); Pub. L. 104–208, div. A, title I, §101(a) [title I, §121[7(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, §301(a), Oct. 30, 1998, 112 Stat. 2978; Pub. L. 109–162, title XI, §1177(a)(1), (2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§206(a)(1), 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, §554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 118–159, div. A, title V, §569(1), Dec. 23, 2024, 138 Stat. 1906.)
Simplified explanation
It is a federal crime to force someone into a sexual act by using force or threats of death, serious injury, or kidnapping, or by making them unconscious or drugging them. It is also a crime to engage in a sexual act with a child under 12, or to cross a state line intending to do so. This applies in federal areas (like military bases or ships at sea) and in federal prisons or federally contracted detention facilities.