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(a) Of a Minor. - 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 - (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, 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 one year, 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.
Codification
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.
Amendments
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.
Section Referred To In Other Sections
This section is referred to in sections 2244, 2255, 3486 of this title; title 42 section 14135a.