8.172 Sexual Abuse-Incapacity of Victim (18 U.S.C. Sec. 2242(2)) is a United States federal law that criminalizes sexual abuse of a victim who is unable to consent or refuse due to incapacity. This includes victims who are physically helpless, mentally incapacitated, or developmentally disabled. This law prohibits and penalizes sexual contact with any person who is either physically helpless or mentally incapacitated due to the influence of drugs, alcohol, or another incapacitating agent, or who is developmentally disabled. The types of sexual abuse covered by this law include sexual assault, rape, and other forms of sexual contact. Penalties for a conviction of this law can include imprisonment and fines, depending on the severity of the crime.
8.172 Sexual Abuse-Incapacity of Victim (18 U.S.C. Sec. 2242(2))
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Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both.
The laws to which section 2244(a) refers are sections 2241 (the provision regarding aggravated sexual abuse), 2242 (which refers to sexual abuse), and 2243 (which pertains to sexual abuse of a minor or ward).
Additionally, under 18 U.S. Code section 2243(b), it is unlawful for a person who works in a federal prison or a facility or institution that detains people under a contract with the federal government to knowingly engage in sexual acts with an individual who is officially detained and under the authority of the actor.
Engages in a sexual act with another person without that other person's consent, to include doing so through coercion; or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.
The Crime of Abusive Sexual Contact Under Federal Law In other words, under 18 U.S. Code section 2244(a), it is illegal for a person to knowingly engage in sexual contact with someone else, if it would violate other federal laws had the contact been a sexual act.
§2243. Sexual abuse of a minor, a ward, or an individual in Federal custody. (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.
By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.