18 U.S.C. § 2243 – Sexual abuse of a minor or ward
§ 2243 makes it a federal crime to engage in a sexual act with a minor or with someone under custodial authority, even if no force or coercion is used.
Section 2243 focuses on sexual acts that are illegal because of the age of the victim or the authority relationship between the people involved. Unlike other federal sex offense statutes, this law does not require proof of force, threats, or lack of consent.
What the law prohibits.
A person violates this statute if they knowingly do any of the following:
- Engage in a sexual act with a minor between the ages of 12 and 15, when the other person is at least four years older.
- Engage in a sexual act with a ward or detainee who is under the person’s custodial, supervisory, or disciplinary authority.
- Attempt to engage in either of the above acts.
For these offenses, the government does not need to prove that the defendant knew the victim’s exact age or that the required age difference existed.
Defenses.
In limited situations, a defendant may raise specific defenses, including:
- A reasonable belief that the minor was at least 16 years old, or
- That the parties were legally married at the time of the conduct.
The defendant bears the burden of proving these defenses.
Penalties.
Penalties depend on the circumstances of the offense:
- Sexual abuse of a minor: up to 15 years in federal prison.
- Sexual abuse of a ward: up to 1 year in federal prison.
If you are facing allegations involving a federal sex offense, call (314) 900-HELP or contact a criminal defense attorney to discuss your situation.
