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.