18 U.S.C. § 2243 : US Code - Section 2243: Sexual abuse of a minor or ward

Search 18 U.S.C. § 2243 : US Code - Section 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, or in any prison, institution, or facility in which persons
are held in custody by direction of or pursuant to a contract or
agreement with the Attorney General (!1) 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, or in any
prison, institution, or facility in which persons are held in
custody by direction of or pursuant to a contract or agreement with
the Attorney General (!1) 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 five years, 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.