§ 2242

Sexual abuse

Up to life Sex Crimes & Exploitation 20 sentenced (FY2025) Ch. 109A · Sexual Abuse

Official text prohibited actmental stateif conditionpenaltylegal term

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) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, , or kidnapping);

(2) engages in a sexual act with another person if that other person is—

(A) incapable of appraising the nature of the conduct; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or

(3) engages in a sexual act with another person without that other person's consent, to include doing so through coercion;

or to do so, shall be and imprisoned for any term of years or for life.

History: (Added Pub. L. 99–646, §87(b), Nov. 10, 1986, 100 Stat. 3621 (PDF, 5.1 MB), and Pub. L. 99–654, §2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150 (PDF, 52 MB); Pub. L. 109–162, title XI, §1177(a)(3), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§205, 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. 117–103, div. W, title XII, §1202(b), Mar. 15, 2022, 136 Stat. 924.)

Simplified explanation

It is a federal crime to cause someone to engage in a sexual act through threats or fear, or to have a sexual act with someone who cannot understand what is happening, cannot refuse, or has not consented (including through coercion). This applies in federal areas and in federal prisons or federally contracted detention facilities.