§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, 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, 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 one year, 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.

(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 .)

Codification

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

Amendments

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.

Section Referred to in Other Sections

This section is referred to in sections 2244, 2255, 3486A of this title.