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-CITE-
18 USC CHAPTER 109A - SEXUAL ABUSE 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
CHAPTER 109A - SEXUAL ABUSE

-MISC1-
Sec.
2241. Aggravated sexual abuse.
2242. Sexual abuse.
2243. Sexual abuse of a minor or ward.
2244. Abusive sexual contact.
2245. Sexual abuse resulting in death.(!1)

2246. Definitions for chapter.
2247. Repeat offenders.
2248. Mandatory restitution.

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical chapters 109A.


-MISC2-
AMENDMENTS
1994 - Pub. L. 103-322, title IV, Secs. 40111(c), 40113(a)(2),
title VI, Sec. 60010(b), Sept. 13, 1994, 108 Stat. 1903, 1907,
1973, redesignated item 2245 as 2246 and added items 2245, 2247,
and 2248.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 109-248 without
corresponding amendment of chapter analysis.


-End-



-CITE-
18 USC Sec. 2241 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2241. Aggravated sexual abuse

-STATUTE-
(a) By Force or Threat. - 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, knowingly causes another
person to engage in a sexual act -
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that
any person will be subjected to death, serious bodily injury, or
kidnapping;

or attempts to do so, shall be fined under this title, imprisoned
for any term of years or life, or both.
(b) By Other Means. - 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, knowingly -
(1) renders another person unconscious and thereby engages in a
sexual act with that other person; or
(2) administers to another person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby -
(A) substantially impairs the ability of that other person to
appraise or control conduct; and
(B) engages in a sexual act with that other person;

or attempts to do so, shall be fined under this title, imprisoned
for any term of years or life, or both.
(c) With Children. - Whoever crosses a State line with intent to
engage in a sexual act with a person who has not attained the age
of 12 years, or 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, knowingly engages in a sexual act with
another person who has not attained the age of 12 years, or
knowingly engages in a sexual act under the circumstances described
in subsections (a) and (b) with another person who has attained the
age of 12 years but has not attained the age of 16 years (and is at
least 4 years younger than the person so engaging), or attempts to
do so, shall be fined under this title and imprisoned for not less
than 30 years or for life. If the defendant has previously been
convicted of another Federal offense under this subsection, or of a
State offense that would have been an offense under either such
provision had the offense occurred in a Federal prison, unless the
death penalty is imposed, the defendant shall be sentenced to life
in prison.
(d) State of Mind Proof Requirement. - In a prosecution under
subsection (c) of this section, the Government need not prove that
the defendant knew that the other person engaging in the sexual act
had not attained the age of 12 years.

-SOURCE-
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3620,
and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3660; amended
Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108
Stat. 2150; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I,
Sec. 121[7(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31;
Pub. L. 105-314, title III, Sec. 301(a), Oct. 30, 1998, 112 Stat.
2978; Pub. L. 109-162, title XI, Sec. 1177(a)(1), (2), Jan. 5,
2006, 119 Stat. 3125; Pub. L. 109-248, title II, Secs. 206(a)(1),
207(2), July 27, 2006, 120 Stat. 613, 615.)

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2241.


-MISC1-
AMENDMENTS
2006 - Subsecs. (a), (b). Pub. L. 109-248, Sec. 207(2), inserted
comma after "Attorney General" in introductory provisions.
Pub. L. 109-162, Sec. 1177(a)(1), inserted "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" after "in a Federal prison," in introductory
provisions.
Subsec. (c). Pub. L. 109-248 inserted comma after "Attorney
General" and substituted "and imprisoned for not less than 30 years
or for life" for ", imprisoned for any term of years or life, or
both" in first sentence.
Pub. L. 109-162, Sec. 1177(a)(2), inserted "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" after "in a Federal prison," in first sentence.
1998 - Subsec. (c). Pub. L. 105-314 substituted "younger than the
person so engaging" for "younger than that person".
1996 - Subsec. (c). Pub. L. 104-208 reenacted heading without
change and amended text generally. Prior to amendment, text read as
follows: "Whoever, in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in a sexual act with another person who has not attained
the age of 12 years, or attempts to do so, shall be fined under
this title, imprisoned for any term of years or life, or both."
1994 - Subsec. (a)(2). Pub. L. 103-322 substituted "kidnapping"
for "kidnaping".

EFFECTIVE DATE
Section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654
provided, respectively, that: "This section and the amendments made
by this section [see Short Title note below] shall take effect 30
days after the date of the enactment of this Act [Nov. 10, 1986]."
and "This Act and the amendments made by this Act [see Short Title
note below] shall take effect 30 days after the date of the
enactment of this Act [Nov. 14, 1986]."

SHORT TITLE OF 1996 AMENDMENT
Section 101(a) [title I, Sec. 121[7(a)]] of Pub. L. 104-208
provided that: "This section [probably means subsec. 7 of section
121 of Pub. L. 104-208, div. A, title I, Sec. 101(a), which amended
sections 2241 and 2243 of this title] may be cited as the 'Amber
Hagerman Child Protection Act of 1996'."

SHORT TITLE
Section 87(a) of Pub. L. 99-646 and section 1 of Pub. L. 99-654
provided, respectively, that: "This section [enacting this chapter,
amending sections 113, 1111, 1153, and 3185 of this title, sections
300w-3, 300w-4, and 9511 of Title 42, The Public Health and
Welfare, and section 1472 of former Title 49, Transportation, and
repealing chapter 99 of this title] may be cited as the 'Sexual
Abuse Act of 1986'." and "This Act [enacting this chapter, amending
sections 113, 1111, 1153, and 3185 of this title, sections 300w-3,
300w-4, and 9511 of Title 42, and section 1472 of former Title 49,
Transportation, and repealing chapter 99 of this title] may be
cited as the 'Sexual Abuse Act of 1986'."

-End-



-CITE-
18 USC Sec. 2242 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2242. Sexual abuse

-STATUTE-
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, knowingly -
(1) causes another person to engage in a sexual act by
threatening or placing that other person in fear (other than by
threatening or placing that other person in fear that any person
will be subjected to death, serious bodily injury, or
kidnapping); or
(2) engages in a sexual act with another person if that other
person is -
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or
communicating unwillingness to engage in, that sexual act;

or attempts to do so, shall be fined under this title and
imprisoned for any term of years or for life.

-SOURCE-
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621,
and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended
Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108
Stat. 2150; Pub. L. 109-162, title XI, Sec. 1177(a)(3), Jan. 5,
2006, 119 Stat. 3125; Pub. L. 109-248, title II, Secs. 205, 207(2),
July 27, 2006, 120 Stat. 613, 615.)

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2242.


-MISC1-
AMENDMENTS
2006 - Pub. L. 109-248 inserted comma after "Attorney General" in
introductory provisions and substituted "and imprisoned for any
term of years or for life" for ", imprisoned not more than 20
years, or both" in concluding provisions.
Pub. L. 109-162 inserted "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"
after "in a Federal prison," in introductory provisions.
1994 - Par. (1). Pub. L. 103-322 substituted "kidnapping" for
"kidnaping".

-End-



-CITE-
18 USC Sec. 2243 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2243. Sexual abuse of a minor or ward

-STATUTE-
(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, 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, 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 15 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.

-SOURCE-
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3621,
and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended
Pub. L. 101-647, title III, Sec. 322, Nov. 29, 1990, 104 Stat.
4818; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-31; Pub.
L. 105-314, title III, Sec. 301(b), Oct. 30, 1998, 112 Stat. 2979;
Pub. L. 109-162, title XI, Sec. 1177(a)(4), (b)(1), Jan. 5, 2006,
119 Stat. 3125; Pub. L. 109-248, title II, Sec. 207, July 27, 2006,
120 Stat. 615.)

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.


-MISC1-
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-248, Sec. 207(2), inserted comma
after "Attorney General" in introductory provisions.
Pub. L. 109-162, Sec. 1177(a)(4), inserted "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" after "in a Federal prison," in introductory
provisions.
Subsec. (b). Pub. L. 109-248 inserted comma after "Attorney
General" in introductory provisions and substituted "15 years" for
"five years" in concluding provisions.
Pub. L. 109-162, Sec. 1177(a)(4), (b)(1), inserted "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" after "in a Federal prison," in introductory
provisions and substituted "five years" for "one year" in
concluding provisions.
1998 - Subsec. (a). Pub. L. 105-314 struck out "crosses a State
line with intent to engage in a sexual act with a person who has
not attained the age of 12 years, or" after "Whoever" in
introductory provisions.
1996 - Subsec. (a). Pub. L. 104-208 inserted "crosses a State
line with intent to engage in a sexual act with a person who has
not attained the age of 12 years, or" after "Whoever" in
introductory provisions.
1990 - Subsec. (a). Pub. L. 101-647 substituted "15 years" for
"five years" in concluding provisions.

-End-



-CITE-
18 USC Sec. 2244 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2244. Abusive sexual contact

-STATUTE-
(a) Sexual Conduct in Circumstances Where Sexual Acts Are
Punished by This Chapter. - 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, 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; or
(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.

(b) In Other Circumstances. - 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, knowingly engages in sexual
contact with another person without that other person's permission
shall be fined under this title, imprisoned not more than two
years, or both.
(c) Offenses Involving Young Children. - If the sexual contact
that violates this section (other than subsection (a)(5)) is with
an individual who has not attained the age of 12 years, the maximum
term of imprisonment that may be imposed for the offense shall be
twice that otherwise provided in this section.

-SOURCE-
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3622,
and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat. 3661; amended
Pub. L. 100-690, title VII, Sec. 7058(a), Nov. 18, 1988, 102 Stat.
4403; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13,
1994, 108 Stat. 2147; Pub. L. 105-314, title III, Sec. 302, Oct.
30, 1998, 112 Stat. 2979; Pub. L. 109-162, title XI, Sec.
1177(a)(5), (b)(2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109-248,
title II, Secs. 206(a)(2), 207(2), July 27, 2006, 120 Stat. 613,
615.)

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2244.


-MISC1-
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-248, Sec. 207(2), inserted comma
after "Attorney General" in introductory provisions.
Pub. L. 109-162, Sec. 1177(a)(5), inserted "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" after "in a Federal prison," in introductory
provisions.
Subsec. (a)(1). Pub. L. 109-248, Sec. 206(a)(2)(A)(i), inserted
"subsection (a) or (b) of" before "section 2241 of this title".
Subsec. (a)(4). Pub. L. 109-162, Sec. 1177(b)(2), substituted
"two years" for "six months".
Subsec. (a)(5). Pub. L. 109-248, Sec. 206(a)(2)(A)(ii)-(iv),
added par. (5).
Subsec. (b). Pub. L. 109-248, Sec. 207(2), inserted comma after
"Attorney General".
Pub. L. 109-162, Sec. 1177(a)(5), (b)(2), inserted "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" after "in a Federal prison," and substituted
"two years" for "six months".
Subsec. (c). Pub. L. 109-248, Sec. 206(a)(2)(B), inserted "(other
than subsection (a)(5))" after "violates this section".
1998 - Subsec. (c). Pub. L. 105-314 added subsec. (c).
1994 - Subsecs. (a)(4), (b). Pub. L. 103-322 substituted "fined
under this title" for "fined not more than $5,000".
1988 - Subsec. (a). Pub. L. 100-690 substituted "ten years" for
"five years" in par. (1) and "two years" for "one year" in par.
(3).

-End-



-CITE-
18 USC Sec. 2245 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2245. Offenses resulting in death

-STATUTE-
(a) (!1) In General. - A person who, in the course of an offense
under this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422,
2423, or 2425, murders an individual, shall be punished by death or
imprisoned for any term of years or for life.


-SOURCE-
(Added Pub. L. 103-322, title VI, Sec. 60010(a)(2), Sept. 13, 1994,
108 Stat. 1972; amended Pub. L. 109-248, title II, Sec. 206(a)(3),
July 27, 2006, 120 Stat. 613.)


-MISC1-
PRIOR PROVISIONS
A prior section 2245 was renumbered section 2246 of this title.

AMENDMENTS
2006 - Pub. L. 109-248 amended section catchline and text
generally. Prior to amendment, text read as follows: "A person who,
in the course of an offense under this chapter, engages in conduct
that results in the death of a person, shall be punished by death
or imprisoned for any term of years or for life."

-FOOTNOTE-
(!1) So in original. No subsec. (b) has been enacted.


-End-



-CITE-
18 USC Sec. 2246 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2246. Definitions for chapter

-STATUTE-
As used in this chapter -
(1) the term "prison" means a correctional, detention, or penal
facility;
(2) the term "sexual act" means -
(A) contact between the penis and the vulva or the penis and
the anus, and for purposes of this subparagraph contact
involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and
the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital
opening of another by a hand or finger or by any object, with
an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of
the genitalia of another person who has not attained the age of
16 years with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person;

(3) the term "sexual contact" means the intentional touching,
either directly or through the 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;
(4) the term "serious bodily injury" means bodily injury that
involves a substantial risk of death, unconsciousness, extreme
physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member,
organ, or mental faculty;
(5) the term "official detention" means -
(A) detention by a Federal officer or employee, or under the
direction of a Federal officer or employee, following arrest
for an offense; following surrender in lieu of arrest for an
offense; following a charge or conviction of an offense, or an
allegation or finding of juvenile delinquency; following
commitment as a material witness; following civil commitment in
lieu of criminal proceedings or pending resumption of criminal
proceedings that are being held in abeyance, or pending
extradition, deportation, or exclusion; or
(B) custody by a Federal officer or employee, or under the
direction of a Federal officer or employee, for purposes
incident to any detention described in subparagraph (A) of this
paragraph, including transportation, medical diagnosis or
treatment, court appearance, work, and recreation;

but does not include supervision or other control (other than
custody during specified hours or days) after release on bail,
probation, or parole, or after release following a finding of
juvenile delinquency; and
(6) the term "State" means a State of the United States, the
District of Columbia, and any commonwealth, possession, or
territory of the United States.

-SOURCE-
(Added Pub. L. 99-646, Sec. 87(b), Nov. 10, 1986, 100 Stat. 3622,
Sec. 2245, and Pub. L. 99-654, Sec. 2, Nov. 14, 1986, 100 Stat.
3662, Sec. 2245; renumbered Sec. 2246 and amended Pub. L. 103-322,
title IV, Sec. 40502, title VI, Sec. 60010(a)(1), Sept. 13, 1994,
108 Stat. 1945, 1972; Pub. L. 105-314, title III, Sec. 301(c), Oct.
30, 1998, 112 Stat. 2979.)

-COD-
CODIFICATION
Pub. L. 99-646 and Pub. L. 99-654 added identical sections.


-MISC1-
AMENDMENTS
1998 - Par. (6). Pub. L. 105-314 added par. (6).
1994 - Pub. L. 103-322, Sec. 60010(a)(1), renumbered section 2245
of this title as this section.
Par. (2)(D). Pub. L. 103-322, Sec. 40502, added subpar. (D).

-End-



-CITE-
18 USC Sec. 2247 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2247. Repeat offenders

-STATUTE-
(a) Maximum Term of Imprisonment. - The maximum term of
imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term otherwise provided by
this chapter, unless section 3559(e) applies.
(b) Prior Sex Offense Conviction Defined. - In this section, the
term "prior sex offense conviction" has the meaning given that term
in section 2426(b).

-SOURCE-
(Added Pub. L. 103-322, title IV, Sec. 40111(a), Sept. 13, 1994,
108 Stat. 1903; amended Pub. L. 105-314, title III, Sec. 303, Oct.
30, 1998, 112 Stat. 2979; Pub. L. 108-21, title I, Sec. 106(b),
Apr. 30, 2003, 117 Stat. 655.)


-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-21 inserted ", unless section
3559(e) applies" before period at end.
1998 - Pub. L. 105-314 reenacted section catchline without change
and amended text generally. Prior to amendment, text read as
follows: "Any person who violates a provision of this chapter,
after one or more prior convictions for an offense punishable under
this chapter, or after one or more prior convictions under the laws
of any State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual contact have become final, is punishable by a term
of imprisonment up to twice that otherwise authorized."

-End-



-CITE-
18 USC Sec. 2248 01/03/2007

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2248. Mandatory restitution

-STATUTE-
(a) In General. - Notwithstanding section 3663 or 3663A, and in
addition to any other civil or criminal penalty authorized by law,
the court shall order restitution for any offense under this
chapter.
(b) Scope and Nature of Order. -
(1) Directions. - The order of restitution under this section
shall direct the defendant to pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).
(2) Enforcement. - An order of restitution under this section
shall be issued and enforced in accordance with section 3664 in
the same manner as an order under section 3663A.
(3) Definition. - For purposes of this subsection, the term
"full amount of the victim's losses" includes any costs incurred
by the victim for -
(A) medical services relating to physical, psychiatric, or
psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child
care expenses;
(D) lost income;
(E) attorneys' fees, plus any costs incurred in obtaining a
civil protection order; and
(F) any other losses suffered by the victim as a proximate
result of the offense.

(4) Order mandatory. - (A) The issuance of a restitution order
under this section is mandatory.
(B) A court may not decline to issue an order under this
section because of -
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of
insurance or any other source.

(c) Definition. - For purposes of this section, the term "victim"
means the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by
the court, but in no event shall the defendant be named as such
representative or guardian.

-SOURCE-
(Added Pub. L. 103-322, title IV, Sec. 40113(a)(1), Sept. 13, 1994,
108 Stat. 1904; amended Pub. L. 104-132, title II, Sec. 205(b),
Apr. 24, 1996, 110 Stat. 1231.)


-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(b)(1), inserted "or
3663A" after "3663".
Subsec. (b)(1). Pub. L. 104-132, Sec. 205(b)(2)(A), reenacted
heading without change and amended text generally. Prior to
amendment, text read as follows: "The order of restitution under
this section shall direct that -
"(A) the defendant pay to the victim (through the appropriate
court mechanism) the full amount of the victim's losses as
determined by the court, pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order
by all available and reasonable means."
Subsec. (b)(2). Pub. L. 104-132, Sec. 205(b)(2)(B), struck out
"by victim" after "Enforcement" in heading and amended text
generally. Prior to amendment, text read as follows: "An order of
restitution also may be enforced by a victim named in the order to
receive the restitution in the same manner as a judgment in a civil
action."
Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(b)(2)(C),
struck out subpars. (C) and (D), which related to court's
consideration of economic circumstances of defendant in determining
schedule of payment of restitution orders, and court's entry of
nominal restitution awards where economic circumstances of
defendant do not allow for payment of restitution, respectively.
Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(b)(2)(D),
struck out pars. (5) to (10), which related, respectively, to more
than 1 offender, more than 1 victim, payment schedule, setoff,
effect on other sources of compensation, and condition of probation
or supervised release.
Subsec. (c). Pub. L. 104-132, Sec. 205(b)(3), (4), redesignated
subsec. (f) as (c) and struck out former subsec. (c) relating to
proof of claim.
Subsecs. (d), (e). Pub. L. 104-132, Sec. 205(b)(3), struck out
subsecs. (d) and (e) which read as follows:
"(d) Modification of Order. - A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances of
the offender.
"(e) Reference to Magistrate or Special Master. - The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings
of fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court."
Subsec. (f). Pub. L. 104-132, Sec. 205(b)(4), redesignated
subsec. (f) as (c).

EFFECTIVE DATE OF 1996 AMENDMENT
Section 211 of title II of Pub. L. 104-132 provided that: "The
amendments made by this subtitle [subtitle A (Secs. 201-211) of
title II of Pub. L. 104-132, see Short Title of 1996 Amendment note
set out under section 3551 of this title] shall, to the extent
constitutionally permissible, be effective for sentencing
proceedings in cases in which the defendant is convicted on or
after the date of enactment of this Act [Apr. 24, 1996]."

-End-
   

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