Page:United States Statutes at Large Volume 100 Part 5.djvu/147

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3621

"(1) renders another person unconscious and thereby engages in a sexual act with that other person; or "(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— "(A) substantially impairs the ability of that other person to appraise or control conduct; and "(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. "(c) WITH CHILDREN.—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 has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

Drugs and drug abuse. Alcohol and alcoholic beverages.

"(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under

subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years. 18 USC 2242. "§ 2242. Sexual abuse "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— "(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping); or "(2) engages in a sexual act with another person if that other person is— "(A) incapable of appraising the nature of the conduct; or "(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

"§ 2243. Sexual abuse of a minor or ward 18 USC 2243. "(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 five 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

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