42 U.S.C. § 15609 : US Code - Section 15609: Definitions

Search 42 U.S.C. § 15609 : US Code - Section 15609: Definitions

In this chapter, the following definitions shall apply:
(1) Carnal knowledge
The term "carnal knowledge" means contact between the penis and
the vulva or the penis and the anus, including penetration of any
sort, however slight.
(2) Inmate
The term "inmate" means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for, or
adjudicated delinquent for, violations of criminal law or the
terms and conditions of parole, probation, pretrial release, or
diversionary program.
(3) Jail
The term "jail" means a confinement facility of a Federal,
State, or local law enforcement agency to hold -
(A) persons pending adjudication of criminal charges; or
(B) persons committed to confinement after adjudication of
criminal charges for sentences of 1 year or less.
(4) HIV
The term "HIV" means the human immunodeficiency virus.
(5) Oral sodomy
The term "oral sodomy" means contact between the mouth and the
penis, the mouth and the vulva, or the mouth and the anus.
(6) Police lockup
The term "police lockup" means a temporary holding facility of
a Federal, State, or local law enforcement agency to hold -
(A) inmates pending bail or transport to jail;
(B) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter placement.
(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
(C) the use of a health care provider's hands or fingers and
the use of instruments to perform body cavity searches in order
to maintain security and safety within the prison or detention
facility, provided that the search is conducted in a manner
consistent with constitutional requirements.