18 U.S.C. § 2243 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 2243. Sexual abuse of a minor or ward




 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--

 has attained the age of 12 years but has not attained the age of 16 years;  and

 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.

 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--

 in official detention;  and

 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.

 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.

 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.

 State of mind proof requirement.--In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew--

 the age of the other person engaging in the sexual act;  or

 that the requisite age difference existed between the persons so engaging.





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