1984
Sexual Abuse of a Minor or a Ward
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Section 2243 defines two offenses involving a "sexual act" as defined
in section 2246(2). Subsection (a) makes it an offense, in the special
maritime and territorial jurisdiction of the United States or a Federal
prison, for a person to engage in, or attempt to engage in, a sexual act
with someone who is (1) at least 12 but less than 16 years old and (2) at
least four years younger than that person. The maximum punishment is 15
years imprisonment and/or a fine under Title 18.
This offense, like that described in section 2241(c), does not require
the
use of force or threats, or the administering of a drug, intoxicant, or
other
similar substance. It applies to behavior that the participants voluntarily
and
willingly engage in. The offense is intended to reach older, mature persons
who
take advantage of younger, immature persons, but not to reach sexual
activity
between persons of comparable age. Corroboration of the victim's testimony
is
not required. Since subsection (a) reaches noncoercive conduct, and since
some
States permit marriage by persons of less than 16 years of age, subsection
(c)(2)
sets forth a defense that the parties were married at the time of the sexual
act.
The defendant has the burden of establishing this defense by a preponderance
of
the evidence. See H.R.Rep. No. 99-954, 99th Cong., 2d Sess. 16
(1986).
Subsection (b) of section 2243 makes it an offense for a person to
engage
in a sexual act with someone (1) who is in official detention, and (2) who
is
under the custodial, supervisory, or disciplinary authority of the
defendant.
The maximum punishment is one yearþs imprisonment and/or a fine under Title
18.
Corroboration of the victim's testimony is not required. Id. at
17.
[updated April 2000] [cited in USAM 9-75.200] | |