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18 USC 2243 - Sexual abuse of a minor or ward

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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, 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)
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.

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Last modified: July 21, 2011