Sexual abuse of a minor, a ward, or an individual in Federal custody
Official text prohibited actmental stateif conditionpenaltylegal term
(a) Of a Minor. 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 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 to do so, shall be , imprisoned not more than 15 years, or both.
(b) Of a Ward. 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 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 to do so, shall be , imprisoned not more than 15 years, or both.
(c) Of an Individual in Federal Custody. Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be , imprisoned not more than 15 years, or both.
(d) Defenses. 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.
(e) 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.
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. 101–647, title III, §322, Nov. 29, 1990, 104 Stat. 4818 (PDF, 27 MB); Pub. L. 104–208, div. A, title I, §101(a) [title I, §121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, §301(b), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109–162, title XI, §1177(a)(4), (b)(1), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §207, July 27, 2006, 120 Stat. 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(c)(1), title XIII, §1312, Mar. 15, 2022, 136 Stat. 924, 935.)
Simplified explanation
It is a federal crime to engage in a sexual act with a person aged 12 to 15 who is at least four years younger, or with a person in official detention who is under one's custodial or supervisory authority. It is also a crime for a federal law enforcement officer, acting in that role, to engage in a sexual act with someone under arrest, supervision, or in custody. This applies in federal areas and in federal prisons or federally contracted facilities.