Page:United States Statutes at Large Volume 100 Part 5.djvu/187

 ' PUBLIC LAW 99-654—NOV. 14, 1986

100 STAT. 3661

"(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. "§ 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.

18 USC 2242.

"§ 2243. Sexual abuse of a minor or ward "(a) O P 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 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.

18 USC 2243.

"(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. "§ 2244. Abusive sexual contact "(a) SEXUAL CONDUCT IN CIRCUMSTANCES WHERE SEXUAL ACTS ARE PUNISHED BY THIS CHAPTER.—Whoever, in the special maritime and

18 USC 2244.

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