Abusive Sexual Contact - 18 U.S. Code § 2244
The federal government uses different measures to prevent people detained in federal facilities from suffering harm of a sexual nature. This federal law makes it a crime to participate in sexual activity with people who are institutionalized or imprisoned and to engage in any sexual contact.
Under 18 U.S. Code 2244(a), it's illegal for someone to knowingly engage in sexual contact with another person if it would violate other federal laws had the contact been a sexual act.
Sexual contact is described as intentional touching of someone's intimate parts, such as genitals, breasts, inner thighs, or buttocks, directly on their skin or through their clothes. The touching must be done with the intent to humiliate, harass, or abuse the person or to arouse or satisfy a desire of a sexual nature.
18 U.S.C. 2244 says, “(a) Sexual Conduct in Circumstances Where This Chapter punishes Sexual Acts.
Whoever, in the special maritime and territorial jurisdiction of the United States or 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 head of any Federal department or agency, knowingly engages in or causes sexual contact with or by another person, if so to do would violate—
(1) subsection (a) or (b) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both,
(2) section 2242 of this title, had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both,
(3) subsection (a) of section 2243 of this title, had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both,
(4) subsection (b) of section 2243 of this title, had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both,
(5) subsection (c) of section 2241 of this title, had the sexual contact been a sexual act, shall be fined under this title and imprisoned for any term of years or for life,
(6) subsection (c) of section 2243 of this title, had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both.”
Federal law carries severe penalties for abusive sexual acts that are committed within its direct jurisdiction. However, the law also differentiates between sexual acts and sexual contact.
To that end, Title 18 U.S. Code 2244 outlines a series of lesser penalties for crimes of abusive sexual contact that do not meet the exact criteria of an abusive sexual act.
Sexual Contact vs. Sexual Acts
To begin with, we must understand how federal law defines "sexual acts" as opposed to "sexual contact." Both are defined in 18 U.S.C. 2246 in the same chapter as 18 U.S.C. 2244.
Sexual acts are defined as involving direct contact between the sex organs or the rectal area of one person and the mouth or tongue, hand, or sex organs of another person.
These acts also include any form of penetration, however slight; this could be by a body part or by an object used for the purpose of sexual gratification. For purposes of the law, any direct touching of the genitalia of a minor under age 16 also qualifies as a "sexual act."
On the other hand, sexual contact refers to the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
This definition is broad and encompasses a wide range of non-consensual physical interactions that don't fit the legal definition of a sexual act but are still considered illegal.
While both terms involve non-consensual sexual conduct in the eyes of the law, sexual acts tend to refer to more severe and explicit forms of sexual misconduct. In contrast, sexual contact captures a broader spectrum of inappropriate behaviors. Sexual assault usually means any crime where someone has subjected a victim to sexual contact or touching deemed offensive and unwanted.
"Abusive Sexual Contact": Title 18 U.S.C. 2244 Explained
In simplest terms, 18 U.S.C. 2244 refers to certain crimes involving abusive sexual acts and provides guidelines for lesser penalties for similar acts that qualify as sexual contact rather than sexual acts.
The jurisdiction for these crimes extends to the "special maritime and territorial jurisdiction of the United States" and facilities under the jurisdiction of the federal correctional system—in other words, areas of the U.S. under direct federal control where similar state laws do not apply. These include:
- U.S. territories,
- U.S. vessels on the high seas,
- Federally controlled lands (e.g., national monuments),
- Federal prisons,
- Other correctional facilities where federal prisoners are being held by agreement and
- Any other country where the crime was committed by a U.S. national.
What are the Penalties?
Specifically, the penalties recommended are as follows:
- If sexual contact violated section 2241(a) or (b) as a sexual act, the penalty is up to 10 years in prison. By comparison, if it had been a sexual act under U.S.C. 2241, it could garner life imprisonment.
- If the sexual contact would have violated section 2242 as a sexual act (i.e., sexual abuse), the penalty is up to three years in prison.
- If sexual contact would have violated section 2243 as a sexual act (i.e., sexual abuse of a minor, ward, or individual in federal custody), the penalty is up to two years in prison.
- For other forms of sexual contact without the consent of the other party, the penalty is up to two years in prison.
- If the sexual contact would have violated section 2241(c) as a sexual act (i.e., aggravated sexual abuse of a child), the penalty is up to life imprisonment.
- If sexual contact involves a child under age 12 (except for the instance given directly above), the maximum penalties are doubled.
What are Related Federal Laws?
18 U.S. Code Chapter 109A, sexual abuse, has several federal statutes that are related to 18 U.S.C. 2244, abusive sexual contact, such as the following:
- 18 U.S.C. 2241 - Aggravated sexual abuse,
- 18 U.S.C. 2242 - Sexual abuse,
- 18 U.S.C. 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody,
- 18 U.S.C. 2245 - Offenses resulting in death,
- 18 U.S.C. 2246 - Definitions for chapter,
- 18 U.S.C. 2247 - Repeat offenders,
- 18 U.S.C. 2248 - Mandatory restitution.
What are the Defenses Against Charges of Abusive Sexual Contact?
While any federal criminal charge under 18 U.S.C. 2244 is quite serious, a skilled federal criminal defense attorney may employ several defense strategies to counter the charges. These include, but are not limited to, the following:
- Refuting the specific elements of the crime: For each instance of sexual contact listed above, prosecutors must prove specific elements that define that crime. Your attorney may present evidence that disproves those elements.
- Consent: The above acts imply that the other party did not consent. If your attorney can present evidence that the sexual contact was indeed consensual, you would not be guilty of a crime. The exceptions are for sexual contact involving minors, who cannot legally consent, or victims who were unconscious or incapacitated, who are unable to consent.
Another essential defense tactic, albeit one that may still result in a conviction, involves proving that the acts in question qualify as sexual contact rather than sexual acts.
The rationale is that sexual contact garners considerably lesser penalties than their corresponding sexual acts. The United States Congress has defined numerous federal sex crimes that carry more severe life-altering penalties. Contact our law firm for more information. Eisner Gorin LLP has offices in Los Angeles, California.
Related Content: