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U.S. Attorneys' Manual

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U.S. Attorneys' Manual
Criminal Resource Manual

1987. Definitions For 18 U.S.C. 2241-2245

Section 2246 defines the terms used in Title 18 U.S.C. Chapter 109A (Sexual Abuse). Paragraph (1) defines the term "prison" to mean a correctional, detention, or penal facility. Paragraph (2) defines the term "sexual act" to mean (a) contact between the penis and the vulva, or the penis and the anus, that involves 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; (d) intentional touching, not through clothes, of a minor person under 16. Penetration may be proved by indirect or circumstantial evidence. It is not necessary that the penetration of the genital and anal openings be complete, and emission is not required.

Paragraph (3) defines the term "sexual contact" to mean an 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. The terms "serious bodily injury" and "official detention" are also defined.

[updated April 2000] [cited in USAM 9-75.200]