republic-os/legal/us/code/title-18/chapter-109a/section-2243.md

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LegalText	18 U.S.C. § 2243	Sexual abuse of a minor, a ward, or an individual in Federal custody	us	united_states_code	code_section	18	CRIMES AND CRIMINAL PROCEDURE	109A	SEXUAL ABUSE	2243	18 U.S.C. § 2243	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip	/us/usc/t18/s2243	data/legal/raw/us/code/title-18/usc18.xml	173dc20efecca2f539fd07418cca253757f9840da09be4f458b21b7fce139677	1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708	20b086a0845770ee0a4ca1a3e7fbbcdd56d3a473d85a1e0909c56ca09b085878	2026-07-04	official	legal us-code

18 U.S.C. § 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody

Text

(a) Of a Minor.— Whoever, in the special maritime and territorial jurisdiction of the United States 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 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, 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 attempts to do so, shall be fined under this title, 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 fined under this title, 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.

(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3621, 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; 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.)

Notes

Editorial Notes

Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2243.

Amendments2022—Pub. L. 117–103, § 1202(c)(1)(A), substituted “Sexual abuse of a minor, a ward, or an individual in Federal custody” for “Sexual abuse of a minor or ward” in section catchline. Subsec. (c). Pub. L. 117–103, § 1202(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–103, § 1312, struck out par. (1) designation before “In a prosecution” and struck out par. (2) which read as follows: “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.” Amendment was directed to subsec. (c) but executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 117–103, § 1202(c)(1)(B). See below. Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (d) as (e). 2007—Subsecs. (a), (b). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions. 2006—Subsec. (a). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions. Pub. L. 109–162, § 1177(a)(4), inserted “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 Attorney General” after “in a Federal prison,” in introductory provisions. Subsec. (b). Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “15 years” for “five years” in concluding provisions. Pub. L. 109–162, § 1177(a)(4), (b)(1), inserted “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 Attorney General” after “in a Federal prison,” in introductory provisions and substituted “five years” for “one year” in concluding provisions. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.