Page:United States Statutes at Large Volume 117.djvu/1007

 117 STAT. 988

PUBLIC LAW 108–79—SEPT. 4, 2003 (7) PRISON.—The term ‘‘prison’’ means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes— (A) any local jail or police lockup; and (B) any juvenile facility used for the custody or care of juvenile inmates. (8) PRISON RAPE.—The term ‘‘prison rape’’ includes the rape of an inmate in the actual or constructive control of prison officials. (9) RAPE.—The term ‘‘rape’’ means— (A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will; (B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or (C) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury. (10) SEXUAL ASSAULT WITH AN OBJECT.—The term ‘‘sexual assault with an object’’ means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person. (11) SEXUAL FONDLING.—The term ‘‘sexual fondling’’ means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification. (12) EXCLUSIONS.—The terms and conditions described in paragraphs (9) and (10) shall not apply to— (A) custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape; (B) the use of a health care provider’s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or

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