I 
113TH CONGRESS 
1ST SESSION H. R. 1860 
To modernize, shorten, and simplify the Federal criminal code, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2013 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To modernize, shorten, and simplify the Federal criminal 
code, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Code Mod-
ernization and Simplification Act of 2013’’. 
SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES 
CODE. 
Part I of title 18, United States Code, is amended 
to read as follows: 
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‘‘PART I—GENERAL PROVISIONS AND OFFENSES 
‘‘Chapter 
‘‘1. Definitions .....................................................................................
‘‘3. Criminal responsibility .............................................................
‘‘5. Other general provisions .........................................................
‘‘10. Violent crimes against persons ...........................................
101 
‘‘13. Sex crimes ....................................................................................
201 
‘‘15. National security and related crimes ...............................
261 
‘‘17. Drug crimes ................................................................................
401 
‘‘19. Organized crime ........................................................................
501 
‘‘21. Arson, firearms, explosives, and weapons crimes .......
571 
‘‘23. Theft and related crimes .......................................................
641 
‘‘25. Fraud and false statement crimes ......................................
771 
‘‘27. Crimes related to Federal Government responsibil-
ities ..............................................................................
851 
‘‘29. Crimes related to protection of Government func-
tions and integrity ................................................
991 
‘‘31. International law crimes .......................................................
1251 
‘‘33. Transportation-related crimes ............................................
1301 
‘‘35. Regulatory crimes ....................................................................
1371 
‘‘37. Privacy ..........................................................................................
1481 
‘‘50. Forfeiture .....................................................................................
2501 
‘‘CHAPTER 1—DEFINITIONS 
‘‘1. Definitions for title. 
‘‘§ 1. Definitions for title 
‘‘In this title, the following definitions apply unless 
otherwise provided: 
‘‘(1) The term ‘person’ and the term ‘whoever’, 
unless the context otherwise requires, include any 
entity capable of holding a legal or beneficial interest 
in property as well as an individual, and where used 
as a victim of an offense, includes a government. 
‘‘(2) The term ‘minor’ means an individual who 
is less than 18 years of age. 
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‘‘(3) The term ‘national of the United States’ 
has the meaning given in section 101(a)(22) of the 
Immigration and Nationality Act. 
‘‘(4) The term ‘organization’ means a person 
other than an individual. 
‘‘(5) The term ‘department’ means one of the 
executive departments enumerated in section 1 of 
title 5, unless the context shows that such term was 
intended to describe the executive, legislative, or ju-
dicial branches of the Government. 
‘‘(6) The term ‘agency’ means any department, 
independent establishment, commission, administra-
tion, authority, board, or bureau of the United 
States or any corporation in which the United States 
has a proprietary interest, unless the context shows 
that such term was intended to be used in a more 
limited sense. 
‘‘(7) The term ‘Postal Service’ means the 
United States Postal Service established under title 
39, and every officer and employee of that Service, 
whether or not such officer or employee has taken 
the oath of office. 
‘‘(8) The term ‘court of the United States’ in-
cludes the District Court of Guam, the District 
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Court for the Northern Mariana Islands, and the 
District Court of the Virgin Islands. 
‘‘(9) The term ‘foreign government’ except in 
sections 102, 112, 121, 144, or 928, includes any 
government, faction, or body of insurgents within a 
country with which the United States is at peace, ir-
respective of recognition by the United States. 
‘‘(10) The term ‘crime of violence’ means— 
‘‘(A) an offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against the person or property of an-
other; or 
‘‘(B) any other offense that is a felony and 
that, by its nature, involves a substantial risk 
that physical force against the person or prop-
erty of another may be used in the course of 
committing the offense. 
‘‘(11) The term ‘petty offense’ means a Class B 
misdemeanor, a Class C misdemeanor, or an infrac-
tion, for which the maximum fine is no greater than 
the amount set forth for such an offense in 
571(b)(6) or (7) in the case of an individual or sec-
tion 3571(c)(6) or (7) in the case of an organization. 
‘‘(12) The term ‘United States’, unless the con-
text otherwise requires, includes all places and 
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waters, continental or insular, subject to the juris-
diction of the United States. 
‘‘(13) The term ‘State’ means a State of the 
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United 
States. 
‘‘(14) The term ‘interstate commerce’ means 
commerce between or among more than one State. 
‘‘(15) The term ‘foreign commerce’ means com-
merce with a foreign country. 
‘‘(16) The term ‘facility of interstate or foreign 
commerce’ includes a means of transportation and 
communication in or affecting interstate or foreign 
commerce. 
‘‘(17) The term ‘health care benefit program’ 
means any public or private plan or contract, affect-
ing commerce, under which any medical benefit, 
item, or service is provided to any individual, and in-
cludes any individual or entity who is providing a 
medical benefit, item, or service for which payment 
may be made under the plan or contract. 
‘‘(18) The term ‘Federal health care offense’ 
means a violation of— 
‘‘(A) section 655, 792, or 806 of this title, 
or section 1128B of the Social Security Act; or 
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‘‘(B) section 504, 651, 653, 772, 782, 801, 
803, or 1017 of this title, section 411, 518, or 
511 of the Employee Retirement Income Secu-
rity Act of 1974, section 301 of the Federal 
Food, Drug, and Cosmetic Act, or section 501 
of the Employee Retirement Income Security 
Act of 1974, if the violation relates to a health 
care benefit program. 
‘‘(19) The term ‘financial institution’ means— 
‘‘(A) an insured depository institution (as 
defined in section 3(c)(2) of the Federal De-
posit Insurance Act); 
‘‘(B) a credit union with accounts insured 
by the National Credit Union Administration; 
‘‘(C) a Federal home loan bank or a mem-
ber of the Federal home loan bank system (as 
such terms are defined in section 2 of the Fed-
eral Home Loan Bank Act); 
‘‘(D) a System institution of the Farm 
Credit System (as defined in section 5.35(3) of 
the Farm Credit Act of 1971); 
‘‘(E) a small business investment company 
(as defined in section 103 of the Small Busi-
ness Investment Act of 1958); 
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‘‘(F) a depository institution holding com-
pany (as defined in section 3(w)(1) of the Fed-
eral Deposit Insurance Act); 
‘‘(G) a Federal Reserve bank or a member 
bank of the Federal Reserve System; 
‘‘(H) an organization operating under sec-
tion 25 or section 25A of the Federal Reserve 
Act; 
‘‘(I) a branch or agency of a foreign bank 
(as such terms are defined in section 1(b) of 
the International Banking Act of 1978); and 
‘‘(J) a mortgage lending business or any 
person or entity that makes in whole or in part 
a federally related mortgage loan (as defined in 
section 3 of the Real Estate Settlement Proce-
dures Act of 1974). 
‘‘(20) The term ‘mortgage lending business’ 
means an organization which finances or refinances 
any debt secured by an interest in real estate, in-
cluding private mortgage companies and any subsidi-
aries of such organizations, and whose activities af-
fect interstate or foreign commerce. 
‘‘(21) The term ‘national bank’ is synonymous 
with ‘national banking association’. 
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‘‘(22) The term ‘obligation or other security of 
any foreign government’ includes uncanceled stamps, 
whether or not demonetized. 
‘‘(23) The term ‘special maritime and territorial 
jurisdiction of the United States’ means the fol-
lowing: 
‘‘(A) The high seas, any other waters with-
in the admiralty and maritime jurisdiction of 
the United States and out of the jurisdiction of 
any particular State, and any vessel belonging 
in whole or in part to the United States or any 
citizen thereof, or to any corporation created by 
or under the laws of the United States, or of 
any State, when such vessel is within the admi-
ralty and maritime jurisdiction of the United 
States and out of the jurisdiction of any par-
ticular State. 
‘‘(B) Any vessel registered, licensed, or en-
rolled under the laws of the United States, and 
being on a voyage upon the waters of any of the 
Great Lakes, or any of the waters connecting 
them, or upon the Saint Lawrence River where 
the same constitutes the International Bound-
ary Line. 
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‘‘(C) Any lands reserved or acquired for 
the use of the United States, and under the ex-
clusive or concurrent jurisdiction thereof, or any 
place purchased or otherwise acquired by the 
United States by consent of the legislature of 
the State in which the same shall be, for the 
erection of a fort, magazine, arsenal, dockyard, 
or other needful building. 
‘‘(D) Any aircraft belonging in whole or in 
part to the United States, or any citizen there-
of, or to any corporation created by or under 
the laws of the United States, or any State, 
while such aircraft is in flight over the high 
seas, or over any other waters within the admi-
ralty and maritime jurisdiction of the United 
States and out of the jurisdiction of any par-
ticular State. 
‘‘(E) Any vehicle used or designed for 
flight or navigation in space and on the registry 
of the United States pursuant to the Treaty on 
Principles Governing the Activities of States in 
the Exploration and Use of Outer Space, In-
cluding the Moon and Other Celestial Bodies 
and the Convention on Registration of Objects 
Launched into Outer Space, while that vehicle 
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is in flight, which is from the moment when all 
external doors are closed on Earth following 
embarkation until the moment when one such 
door is opened on Earth for disembarkation or 
in the case of a forced landing, until the com-
petent authorities take over the responsibility 
for the vehicle and for persons and property 
aboard. 
‘‘(F) Any place outside the jurisdiction of 
any nation with respect to an offense by or 
against a national of the United States. 
‘‘(G) To the extent permitted by inter-
national law, any foreign vessel during a voyage 
having a scheduled departure from or arrival in 
the United States with respect to an offense 
committed by or against a national of the 
United States. 
‘‘(H) With respect to offenses committed 
by or against a national of the United States— 
‘‘(i) the premises of United States 
diplomatic, consular, military, or other 
United States Government missions or en-
tities in foreign states, including the build-
ings, parts of buildings, and land appur-
tenant or ancillary thereto or used for pur-
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poses of those missions or entities, irre-
spective of ownership; and 
‘‘(ii) residences in foreign states and 
the land appurtenant or ancillary thereto, 
irrespective of ownership, used for pur-
poses of those missions or entities or used 
by United States personnel assigned to 
those missions or entities. 
Nothing in clause (ii) supersedes any treaty or 
international agreement. Clause (ii) does not 
apply with respect to an offense committed by 
a person described in section 3261(a). 
‘‘(24) The term ‘vessel of the United States’ 
means a vessel belonging in whole or in part to the 
United States, or any citizen thereof, or any cor-
poration created by or under the laws of the United 
States, or of any State. 
‘‘(25) The term ‘serious bodily injury’ means— 
‘‘(A) bodily injury which involves— 
‘‘(i) a substantial risk of death or un-
consciousness; 
‘‘(ii) extreme physical pain; 
‘‘(iii) protracted and obvious dis-
figurement; or 
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‘‘(iv) protracted loss or impairment of 
the function of a bodily member, organ, or 
mental or sensory faculty; or 
‘‘(B) the condition of being a victim of 
conduct that, had it occurred in the special 
maritime or territorial jurisdiction of the 
United States, would have violated subchapter 
A of chapter 13. 
‘‘(26) The term ‘substantial bodily injury’ 
means bodily injury which involves— 
‘‘(A) a temporary but substantial disfigure-
ment; or 
‘‘(B) a temporary but substantial loss or 
impairment of the function of any bodily mem-
ber, organ, or mental or sensory faculty. 
‘‘(27) The term ‘bodily injury’ means— 
‘‘(A) a cut, abrasion, bruise, burn, or dis-
figurement; 
‘‘(B) physical pain; 
‘‘(C) illness; 
‘‘(D) impairment of the function of a bod-
ily member, organ, or mental or sensory faculty; 
or 
‘‘(E) any other injury to the body, no mat-
ter how temporary. 
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‘‘(28) The term ‘controlled substance’ means a 
controlled substance as defined in section 102 of the 
Controlled Substances Act. 
‘‘CHAPTER 3—CRIMINAL RESPONSIBILITY 
‘‘2. Principals. 
‘‘3. Accessory after the fact. 
‘‘4. Misprision of felony. 
‘‘5. Conspiracy. 
‘‘6. Attempt. 
‘‘7. Solicitation to commit a crime of violence. 
‘‘§ 2. Principals 
‘‘(a) GENERALLY.—Whoever commits an offense 
against the United States or aids, abets, counsels, com-
mands, induces, or procures its commission, is punishable 
as a principal. 
‘‘(b) FOR CONDUCT OF OTHERS.—Whoever inten-
tionally causes conduct by another that is an offense 
against the United States, is punishable as a principal for 
that offense. 
‘‘§ 3. Accessory after the fact 
‘‘(a) OFFENSE.—Whoever, knowing that an offense 
against the United States has been committed, receives, 
relieves, comforts, or assists the offender in order to 
hinder or prevent his apprehension, trial, or punishment, 
is an accessory after the fact. 
‘‘(b) PUNISHMENT.—Except as otherwise expressly 
provided by Act of Congress, an accessory after the fact 
shall be imprisoned not more than one-half the maximum 
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term of imprisonment or (notwithstanding section 3571) 
fined not more than one-half the maximum fine prescribed 
for the punishment of the principal, or both; or if the prin-
cipal is punishable by life imprisonment or death, the ac-
cessory shall be imprisoned not more than 15 years. 
‘‘§ 4. Misprision of felony 
‘‘Whoever, having knowledge of the actual commis-
sion of a felony offense against the United States, conceals 
and does not as soon as possible make known the same 
to some judge or other person in civil or military authority 
under the United States, shall be imprisoned not more 
than three years. 
‘‘§ 5. Conspiracy 
‘‘Unless otherwise provided by law, if two or more 
persons conspire to commit any offense against the United 
States, and one or more of such persons do any act to 
effect the object of the conspiracy, each shall be punished 
for the offense which is the object of the conspiracy. 
‘‘§ 6. Attempt 
‘‘Unless otherwise provided by law, whoever attempts 
to commit an offense shall be punished as is provided for 
the completed offense. 
‘‘§ 7. Solicitation to commit a crime of violence 
‘‘(a) OFFENSE.—Whoever, with intent that another 
person engage in a Federal offense that is a felony crime 
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of violence and under circumstances strongly corroborative 
of that intent, solicits such other person to engage in that 
offense, shall be imprisoned not more than one-half the 
maximum term of imprisonment or (notwithstanding sec-
tion 3571) fined not more than one-half of the maximum 
fine prescribed for the punishment of the crime solicited, 
or both; or if the crime solicited is punishable by life im-
prisonment or death, shall be imprisoned for not more 
than 20 years. 
‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense to a prosecution under this section that, under cir-
cumstances manifesting a voluntary and complete renunci-
ation of his criminal intent, the defendant prevented the 
commission of the crime solicited. A renunciation is not 
‘voluntary and complete’ if it is motivated in whole or in 
part by a decision to postpone the commission of the crime 
until another time or to substitute another victim or an-
other but similar objective. 
‘‘(c) LIMITATION ON DEFENSES.—It is not a defense 
to a prosecution under this section that the person solic-
ited could not be convicted of the crime because that per-
son lacked the state of mind required for its commission, 
was incompetent or irresponsible, or is immune from pros-
ecution, or not subject to, prosecution. 
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‘‘CHAPTER 5—OTHER GENERAL 
PROVISIONS 
‘‘SUBCHAPTER A—DEFENSES 
‘‘Sec. 
‘‘21. Affirmative defenses. 
‘‘22. Insanity defense. 
‘‘§ 21. Affirmative defenses 
‘‘If a provision of law provides an affirmative defense 
to a prosecution for an offense, the defendant must prove 
the elements of that defense by a preponderance of the 
evidence. 
‘‘§ 22. Insanity defense 
‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense to a prosecution under any Federal statute that, 
at the time of the commission of the acts constituting the 
offense, the defendant, as a result of a severe mental dis-
ease or defect, was unable to appreciate the nature and 
quality or the wrongfulness of his acts. Mental disease or 
defect does not otherwise constitute a defense. 
‘‘(b) BURDEN OF PROOF.—The defendant has the 
burden of proving the defense of insanity by clear and con-
vincing evidence. 
‘‘SUBCHAPTER B—GENERAL RULES 
PERTAINING TO CRIMINAL OFFENSES 
‘‘Sec. 
‘‘31. Non-preemption. 
‘‘32. Extraterritorial jurisdiction over derivative offenses. 
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‘‘§ 31. Non-preemption 
‘‘The existence of a Federal criminal offense does not 
preclude the application of a State or local law to the con-
duct proscribed by the offense, unless the law specifically 
so provides or the State or local law requires conduct con-
stituting the Federal criminal offense. 
‘‘§ 32. Extraterritorial jurisdiction over derivative of-
fenses 
‘‘If extraterritorial jurisdiction exists for an offense 
defined by a provision of law, then extraterritorial jurisdic-
tion also exists for any offense arising under chapter 3 
as a result of conduct with respect the offense so defined. 
‘‘§ 33. State of mind requirements generally 
‘‘(a) FOR CONDUCT.—Unless otherwise provided in 
the provision defining an offense, the state of mind re-
quired to prove the conduct required for the offense is 
knowingly. 
‘‘(b) FOR CIRCUMSTANCES AND RESULTS.—Unless 
otherwise provided in the provision defining the offense, 
the state of mind required to prove the conduct required 
for the offense is the same as the state of mind required 
to prove the conduct. 
‘‘CHAPTER 10—VIOLENT CRIMES AGAINST 
PERSONS 
‘‘SUBCHAPTER A—HOMICIDE 
‘‘101. Homicide. 
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‘‘102. Federally punishable homicides. 
‘‘103. Penalties for murders punishable under section 102; attempts. 
‘‘104. Penalties for manslaughters punishable under section 102; attempts. 
‘‘105. Misconduct or neglect of ship officers. 
‘‘§ 101. Homicide 
‘‘Unless otherwise provided by an Act of Congress, 
if a Federal law makes the killing of a human being an 
offense, the following categories shall apply with respect 
to that offense: 
‘‘(1) MURDER.— 
‘‘(A) ELEMENTS OF OFFENSE.—Murder is the 
unlawful killing of a human being with malice 
aforethought. Every murder perpetrated by poison, 
lying in wait, or any other kind of willful, deliberate, 
malicious, and premeditated killing; or committed in 
the perpetration of, or attempt to perpetrate, any 
arson, escape, murder, kidnapping, treason, espio-
nage, sabotage, aggravated sexual abuse or sexual 
abuse, child abuse, burglary, or robbery; or per-
petrated as part of a pattern or practice of assault 
or torture against a child or children; or perpetrated 
from a premeditated design unlawfully and mali-
ciously to effect the death of any human being other 
than him who is killed, is murder in the first degree. 
Any other murder is murder in the second degree. 
‘‘(B) DEFINITIONS.—In this paragraph— 
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‘‘(i) the term ‘assault’ means conduct that 
consists of an assault as described in section 
111; 
‘‘(ii) the term ‘child’ means a child who is 
under the perpetrator’s care or control or at 
least six years younger than the perpetrator; 
‘‘(iii) the term ‘child abuse’ means inten-
tionally causing death or serious bodily injury 
to a child; 
‘‘(iv) the term ‘pattern or practice of as-
sault or torture’ means assault or torture en-
gaged in on at least two occasions; and 
‘‘(v) the term ‘torture’ means conduct, 
whether or not committed under the color of 
law, that otherwise satisfies the definition of 
that term set forth in section 1292. 
‘‘(2) MANSLAUGHTER.—Manslaughter is the unlaw-
ful killing of a human being without malice. It is of two 
kinds: 
‘‘(A) VOLUNTARY.—Upon a sudden quarrel or 
heat of passion. 
‘‘(B) INVOLUNTARY.—In the commission of an 
unlawful act not amounting to a felony, or in the 
commission in an unlawful manner, or without due 
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caution and circumspection, of a lawful act which 
might produce death. 
‘‘§ 102. Federally punishable homicides 
‘‘In addition to any other homicides made punishable 
by law, the following are Federal offenses: 
‘‘(1) SPECIAL MARITIME AND TERRITORIAL JU-
RISDICTION.—A killing of an individual in the spe-
cial maritime and territorial jurisdiction of the 
United States. 
‘‘(2) OFFICERS AND EMPLOYEES AND FORMER 
OFFICERS
AND
EMPLOYEES
OF
THE
UNITED 
STATES.—A killing of any officer or employee, or 
any former officer or employee, of the United States 
or of any agency in any branch of the United States 
Government (including any member of the uni-
formed services) while such officer or employee is en-
gaged in or on account of the performance of official 
duties, or any individual assisting such an officer or 
employee in the performance of such duties or on ac-
count of that assistance. 
‘‘(3) FAMILY MEMBERS OF OFFICERS AND EM-
PLOYEES AND FORMER OFFICERS AND EMPLOYEES 
OF THE UNITED STATES.—A killing, with the intent 
to impede, intimidate, or interfere with an individual 
described in paragraph (2) while that individual is 
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engaged in the performance of official duties, or 
with intent to retaliate against such individual on 
account of the performance of official duties of that 
individual, of a member of that individual’s family. 
‘‘(4) FOREIGN
OFFICIALS, OFFICIAL
GUESTS, 
AND
INTERNATIONALLY
PROTECTED
PERSONS.—A 
killing of a foreign official, official guest, or inter-
nationally protected person. 
‘‘(5) KILLINGS BY ESCAPED PRISONER.—A kill-
ing by an individual who has escaped from a Federal 
correctional institution where the individual was con-
fined under a sentence for a term of life imprison-
ment. 
‘‘(6) CONGRESSIONAL, CABINET, AND SUPREME 
COURT ASSASSINATION.—A killing of an individual 
who is a Member of Congress or a Member-of-Con-
gress-elect, a member of the executive branch of the 
Government who is the head, or a person nominated 
to be head during the pendency of such nomination, 
of a department listed in section 101 of title 5 or 
the second ranking official in such department, the 
Director (or a person nomrinated to be Director dur-
ing the pendency of such nomination) or Principal 
Deputy Director of National Intelligence, the Direc-
tor (or a person nominated to be Director during the 
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‘‘(8) OF NATIONAL ABROAD.—A killing of an 
individual outside the United States who is a na-
tional of the United States. 
‘‘(9) KILLINGS BY PRISONER.—A killing of an 
individual by a person confined under a sentence of 
life imprisonment in a Federal correctional facility. 
‘‘§ 103. Penalties for murders punishable under sec-
tion 102; attempts 
‘‘(a) MURDER.—A murder that is an offense under 
section 102 is punishable by— 
‘‘(1) death or imprisonment for life for first de-
gree murder; and 
‘‘(2) imprisonment for any term of years or for 
life for second degree murder. 
‘‘(b) ATTEMPTED MURDER.— 
‘‘(1) GENERALLY.—Except as provided in para-
graph (2), whoever attempts to commit a murder 
that is an offense under section 102 shall be impris-
oned not more than 20 years. 
‘‘(2) SPECIAL
RULE
RELATING
TO
CONGRES-
SIONAL, CABINET, AND SUPREME COURT ASSASSINA-
TIONS
AND
PRESIDENTIAL
AND
PRESIDENTIAL 
STAFF ASSASSINATIONS.—If the offense attempted is 
against an individual described in paragraph (6) or 
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(7) of section 102, the penalty is imprisonment for 
any term of years or for life. 
‘‘§ 104. Penalties for manslaughters punishable under 
section 102; attempts 
‘‘(a) PENALTY
FOR
MANSLAUGHTER.—A man-
slaughter that is an offense under section 102 is punish-
able by— 
‘‘(1) imprisonment for not more than ten years, 
for voluntary manslaughter; and 
‘‘(2) imprisonment for not more than six years, 
for involuntary manslaughter. 
‘‘(b) ATTEMPTED MANSLAUGHTER.—Whoever at-
tempts to commit a manslaughter that would be punish-
able under section 102 shall be imprisoned not more than 
7 years. 
‘‘§ 105. Misconduct or neglect of ship officers 
‘‘(a) OFFICERS.—Every captain, engineer, pilot, or 
other person employed on any steamboat or vessel, by 
whose misconduct, negligence, or inattention to his duties 
on such vessel the life of any person is destroyed, and 
every owner, charterer, inspector, or other public officer, 
through whose fraud, neglect, connivance, misconduct, or 
violation of law the life of any person is destroyed, shall 
be imprisoned not more than ten years. 
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‘‘(b) OWNERS.—When the owner or charterer of any 
steamboat or vessel is a corporation, any executive officer 
of such corporation, for the time being actually charged 
with the control and management of the operation, equip-
ment, or navigation of such steamboat or vessel, who has 
knowingly caused or allowed such fraud, neglect, conniv-
ance, misconduct, or knowing violation of law, by which 
the life of any person is destroyed, shall be imprisoned 
not more than ten years. 
‘‘SUBCHAPTER B—ASSAULT AND RELATED 
OFFENSES 
‘‘111. Assault. 
‘‘112. Individuals federally protected from assault. 
‘‘113. Interference with Federal officers and employees. 
‘‘114. Domestic assault by a habitual offender. 
‘‘115. Transportation for purposes of female genital mutilation. 
‘‘§ 111. Assault 
‘‘Unless otherwise provided by Act of Congress, if a 
Federal law prohibits an assault against an individual, the 
following punishments shall apply with respect to that of-
fense: 
‘‘(1) Assault with intent to commit murder, a 
felony under subchapter A of chapter 10, or with in-
tent to maim, disfigure, or torture, by imprisonment 
for not more than 20 years. 
‘‘(2) Assault with intent to commit any felony, 
except murder or a felony under subchapter A of 
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chapter 10, by imprisonment for not more than ten 
years. 
‘‘(3) Assault with a dangerous weapon, with in-
tent to do bodily harm, and without just cause or ex-
cuse, by imprisonment for not more than ten years. 
‘‘(4) Assault resulting in serious bodily injury, 
by imprisonment for not more than ten years. 
‘‘(5) Assault resulting in substantial bodily in-
jury to an individual who has not attained the age 
of 16 years, by imprisonment for not more than 5 
years. 
‘‘(6) Assault by striking, beating, or wounding, 
by imprisonment for not more than six months. 
‘‘(7) Simple assault, by imprisonment for not 
more than six months, or if the victim of the assault 
is an individual who has not attained the age of 16 
years, by imprisonment for not more than 1 year. 
‘‘§ 112. Individuals federally protected from assault 
‘‘It is an offense to assault any individual whose kill-
ing is a Federal offense under paragraph (1), (2), (3), (4), 
(6), or (7) of section 102. 
‘‘§ 113. Interference with Federal officers and em-
ployees 
‘‘Whoever interferes with any officer or employee of 
the United States or of any agency in any branch of the 
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United States Government (including any member of the 
uniformed services) while such officer or employee is en-
gaged in or on account of the performance of official du-
ties, or any individual assisting such an officer or em-
ployee in the performance of such duties or on account 
of that assistance while that person is engaged in, or on 
account of, the performance, official duties shall be impris-
oned not more than one year. 
‘‘§ 114. Domestic assault by a habitual offender 
‘‘(a) IN GENERAL.—Whoever commits a domestic as-
sault within the special maritime and territorial jurisdic-
tion of the United States or Indian country and who has 
a final conviction on at least 2 separate prior occasions 
in Federal, State, or Indian tribal court proceedings for 
offenses that would be, if subject to Federal jurisdiction— 
‘‘(1) any assault, sexual abuse, or serious vio-
lent felony against a spouse or intimate partner; or 
‘‘(2) an offense under section 161, 
shall be imprisoned for a term of not more than 5 years, 
but if substantial bodily injury results from the offense 
under this section, the offender shall be imprisoned for 
a term of not more than 10 years. 
‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, 
the term ‘domestic assault’ means an assault committed 
by a current or former spouse, parent, child, or guardian 
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of the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabitating with 
or has cohabitated with the victim as a spouse, parent, 
child, or guardian, or by a person similarly situated to a 
spouse, parent, child, or guardian of the victim. 
‘‘§ 115. Transportation for purposes of female genital 
mutilation 
‘‘Whoever, in or affecting interstate or foreign com-
merce, transports a person for purposes of circumcises, 
excises, or infibulates the whole or any part of the labia 
majora or labia minora or clitoris of another person who 
has not attained the age of 18 years shall be fined under 
this title or imprisoned not more than 5 years, or both. 
(b) A surgical operation is not a violation of this section 
if the operation is— (1) necessary to the health of the 
person on whom it is performed, and is performed by a 
person licensed in the place of its performance as a med-
ical practitioner; or (2) performed on a person in labor 
or who has just given birth and is performed for medical 
purposes connected with that labor or birth by a person 
licensed in the place it is performed as a medical practi-
tioner, midwife, or person in training to become such a 
practitioner or midwife. 
‘‘SUBCHAPTER C—KIDNAPPING 
‘‘121. Kidnapping. 
‘‘122. Ransom money. 
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‘‘123. Hostage taking. 
‘‘124. International parental kidnapping. 
‘‘§ 121. Kidnapping 
‘‘(a) BASIC OFFENSE.—Except in the case of a child 
by the parent thereof, whoever, as made applicable by sub-
section (b), kidnaps an individual shall be imprisoned for 
any term of years or for life and, if death results to any 
individual, shall be punished by death or life imprison-
ment. 
‘‘(b) CIRCUMSTANCES REQUIRED.—Subsection (a) 
applies if— 
‘‘(1) the victim is transported in interstate or 
foreign commerce; 
‘‘(2) the victim’s body is transported in inter-
state or foreign commerce and the victim was alive 
when the transportation began; 
‘‘(3) the offender travels in interstate or foreign 
commerce or uses the mail or any means, facility, or 
instrumentality of interstate or foreign commerce in 
committing or in furtherance of the commission of 
the offense; or 
‘‘(4) the victim is an individual whose killing is 
a Federal offense under paragraph (1), (2), (4), (6), 
or (7) of section 102. 
‘‘(c) PRESUMPTION.—With respect to a violation of 
subsection (a), based on the circumstance described in 
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subsection (b)(1), the failure to release the victim within 
24 hours after the victim was kidnapped creates a rebutta-
ble presumption that the victim has been transported in 
interstate or foreign commerce. However, the fact that the 
presumption under this section has not yet taken effect 
does not preclude a Federal investigation of a possible vio-
lation of this section. 
‘‘(d) ATTEMPTS.—Whoever attempts to violate sub-
section (a) shall be punished by imprisonment for not 
more than 20 years but if the individual whose kidnapping 
was attempted is described in paragraph (6) or (7) of sec-
tion 102, the offender shall be imprisoned for any term 
of years or for life. 
‘‘(e) SPECIAL RULE FOR CERTAIN OFFENSES IN-
VOLVING CHILDREN.—If the victim of an offense under 
this section is a minor and the offender— 
‘‘(1) is not a minor; and 
‘‘(2) is not— 
‘‘(A) a parent; 
‘‘(B) a grandparent; 
‘‘(C) a brother; 
‘‘(D) a sister; 
‘‘(E) an aunt; 
‘‘(F) an uncle; or 
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‘‘(G) an individual having legal custody of 
the victim; 
the sentence under this section for such offense shall in-
clude imprisonment for not less than 20 years. 
‘‘(f) DEFINITION.—As used in this section, the term 
‘parent’ does not include a person whose parental rights 
with respect to the victim of an offense under this section 
have been terminated by a final court order. 
‘‘§ 122. Ransom money 
‘‘(a) FEDERAL.—Whoever receives, possesses, or dis-
poses of any money or other property, or any portion 
thereof, which has at any time been delivered as ransom 
or reward in connection with a violation of section 121, 
knowing it to be such, shall be imprisoned not more than 
ten years. 
‘‘(b) STATE.—Whoever transports, transmits, or 
transfers in interstate or foreign commerce any proceeds 
of a kidnapping punishable under State law by imprison-
ment for more than 1 year, or receives, possesses, con-
ceals, or disposes of any such proceeds after they have 
crossed a State or United States boundary, knowing the 
proceeds to have been unlawfully obtained, shall be impris-
oned not more than 10 years. 
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‘‘§ 123. Hostage taking 
‘‘(a) OFFENSE.—Except as provided in subsection (b) 
of this section, whoever, whether inside or outside the 
United States, seizes or detains and threatens to kill, to 
injure, or to continue to detain another person in order 
to compel a third person or a governmental organization 
to do or abstain from doing any act as an explicit or im-
plicit condition for the release of the person detained shall 
be punished by imprisonment for any term of years or for 
life and, if the death of any person results, shall be pun-
ished by death or life imprisonment. 
‘‘(b) EXCLUSIONS.— 
‘‘(1) It is not an offense under this section if 
the conduct required for the offense occurred outside 
the United States unless— 
‘‘(A) the offender or the person seized or 
detained is a national of the United States; 
‘‘(B) the offender is found in the United 
States; or 
‘‘(C) the governmental organization sought 
to be compelled is the Government of the 
United States. 
‘‘(2) It is not an offense under this section if 
the conduct required for the offense occurred inside 
the United States, each alleged offender and each 
person seized or detained are nationals of the United 
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States, and each alleged offender is found in the 
United States, unless the governmental organization 
sought to be compelled is the Government of the 
United States. 
‘‘§ 124. International parental kidnapping 
‘‘(a) OFFENSE.—Whoever removes a child from the 
United States, or attempts to do so, or retains a child 
(who has been in the United States) outside the United 
States with intent to obstruct the lawful exercise of paren-
tal rights shall be imprisoned not more than 3 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘child’ means a person who has 
not attained the age of 16 years; and 
‘‘(2) the term ‘parental rights’, with respect to 
a child, means the right to physical custody of the 
child— 
‘‘(A) whether joint or sole (and includes 
visiting rights); and 
‘‘(B) whether arising by operation of law, 
court order, or legally binding agreement of the 
parties. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense under this section that— 
‘‘(1) the defendant acted within the provisions 
of a valid court order granting the defendant legal 
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custody or visitation rights and that order was ob-
tained pursuant to the Uniform Child Custody Ju-
risdiction Act or the Uniform Child Custody Juris-
diction and Enforcement Act and was in effect at 
the time of the offense; 
‘‘(2) the defendant was fleeing an incidence or 
pattern of domestic violence; or 
‘‘(3) the defendant had physical custody of the 
child pursuant to a court order granting legal cus-
tody or visitation rights and failed to return the 
child as a result of circumstances beyond the defend-
ant’s control, and the defendant notified or made 
reasonable attempts to notify the other parent or 
lawful custodian of the child of such circumstances 
within 24 hours after the visitation period had ex-
pired and returned the child as soon as possible. 
‘‘(d) EFFECT ON HAGUE CONVENTION.—This sec-
tion does not limit The Hague Convention on the Civil 
Aspects of International Parental Child Abduction, done 
at The Hague on October 25, 1980. 
‘‘SUBCHAPTER D—THREATS AGAINST 
SPECIALLY PROTECTED PERSONS 
‘‘131. Threats against officers or employees of the United States, and other spe-
cially protected persons. 
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‘‘§ 131. Threats against officers or employees of the 
United States, and other specially pro-
tected persons 
‘‘Whoever threatens to kill, kidnap, or inflict bodily 
harm upon— 
‘‘(1) an individual described in paragraph (2) or 
(3) of section 102 on account of the performance of 
official duties; 
‘‘(2) an individual described in paragraph (4), 
(6), or (7) of section 102; 
‘‘(3) a former President of the United States; 
‘‘(4) a member of the family of the President, 
the President-elect, the Vice President, or the Vice 
President-elect; 
‘‘(5) a major candidate for the office of Presi-
dent or Vice President, or a member of the family 
of such candidate; or 
‘‘(6) a person protected by the Secret Service 
under section 3056(a)(6); 
shall be imprisoned for not more than 10 years. 
‘‘SUBCHAPTER E—DEFINITIONS AND GENERAL 
PROVISIONS FOR SUBCHAPTERS A THROUGH D 
‘‘136. Definitions for subchapters A through D. 
‘‘137. Special rules relating to offenses against certain types of victims. 
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‘‘§ 136. Definitions for subchapters A through D 
‘‘Unless otherwise provided, in subchapters A 
through D, the following definitions apply: 
‘‘(1) The term ‘family’, with respect to an indi-
vidual, means— 
‘‘(A) a spouse, parent, brother or sister, 
child, or person to whom the individual stands 
in loco parentis; or 
‘‘(B) any other person living in the individ-
ual’s household and related to the individual by 
blood or marriage. 
‘‘(2) The term ‘foreign government’ means the 
government of a foreign country, irrespective of rec-
ognition by the United States. 
‘‘(3) The term ‘foreign official’ means— 
‘‘(A) a Chief of State or the political equiv-
alent, President, Vice President, Prime Min-
ister, Ambassador, Foreign Minister, or other 
officer of Cabinet rank or above of a foreign 
government or the chief executive officer of an 
international organization, or any person who 
has previously served in such capacity, and any 
member of his family, while in the United 
States; or 
‘‘(B) any person of a foreign nationality 
who is duly notified to the United States as an 
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officer or employee of a foreign government or 
international organization, and who is in the 
United States on official business, and any 
member of that person’s family whose presence 
in the United States is in connection with the 
presence of such officer or employee. 
‘‘(4) The term ‘internationally protected person’ 
means an individual who is— 
‘‘(A) a Chief of State or the political equiv-
alent, head of government, or Foreign Minister 
whenever such person is in a country other than 
his own and any member of that individual’s 
family accompanying that individual; or 
‘‘(B) any other representative, officer, em-
ployee, or agent of the United States Govern-
ment, a foreign government, or international or-
ganization who at the time and place concerned 
is entitled pursuant to international law to spe-
cial protection against attack upon his person, 
freedom, or dignity, and any member of that in-
dividual’s family then forming part of his 
household. 
‘‘(5) The term ‘international organization’ 
means a public international organization designated 
as such pursuant to section 1 of the International 
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Organizations Immunities Act or a public organiza-
tion created pursuant to treaty or other agreement 
under international law as an instrument through or 
by which two or more foreign governments engage in 
some aspect of their conduct of international affairs. 
‘‘(6) The term ‘official guest’ means a citizen or 
national of a foreign country present in the United 
States as an official guest of the Government of the 
United States pursuant to designation as such by 
the Secretary of State. 
‘‘(7) The terms ‘President-elect’ and ‘Vice 
President-elect’ mean those persons who are the ap-
parently successful candidates for the offices of 
President and Vice President, respectively, as 
ascertained from the result of the general elections 
held to determine the electors of President and Vice 
President under sections 1 and 2 of title 3. 
‘‘§ 137. Special rules relating to offenses against cer-
tain types of victims 
‘‘(a) EXTRATERRITORIAL JURISDICTION.— 
‘‘(1) PRESIDENTIAL AND CONGRESSIONAL VIC-
TIMS.—There is extraterritorial jurisdiction over an 
offense under any of subchapters A through D 
against a victim described in paragraph (6) or (7) 
of section 102. 
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‘‘(2) 
INTERNATIONALLY
PROTECTED
PER-
SONS.—There is extraterritorial jurisdiction over an 
offense under any of subchapters A through D the 
victim of which is an internationally protected per-
son outside the United States, if— 
‘‘(A) the victim is a representative, officer, 
employee, or agent of the United States; 
‘‘(B) an offender is a national of the 
United States; or 
‘‘(C) an offender is afterwards found in the 
United States. 
‘‘(b) USE OF MILITARY WITH RESPECT TO CERTAIN 
OFFENSES.—With respect to an offense under this chap-
ter, or an attempt or conspiracy to commit such an of-
fense, if an element of the offense is that the victim be 
individual described in paragraph (6) or (7) of section 
102, a foreign official, an internationally protected person, 
or an official guest, the Attorney General may request as-
sistance from any Federal, State, or local agency, includ-
ing the Army, Navy, and Air Force. 
‘‘(c) SPECIAL PROVISIONS RELATING TO OFFENSES 
INVOLVING
PRESIDENTIAL
OR
CONGRESSIONAL
VIC-
TIMS.—With respect to an offense under paragraph (6) 
or (7) of section 102— 
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‘‘(1) if Federal investigative or prosecutive ju-
risdiction is asserted, that assertion suspends the ex-
ercise of jurisdiction by a State or local authority, 
under any applicable State or local law, until Fed-
eral action is terminated; 
‘‘(2) the Federal Bureau of Investigation shall 
have investigative authority; and 
‘‘(3) in a prosecution, the Government need not 
prove that the defendant knew that the victim of the 
offense was an individual who is protected by that 
paragraph. 
‘‘(d) ACTIONS REQUIRED FOR CERTAIN HOMICIDE 
PROSECUTIONS.—No prosecution shall be undertaken for 
an offense under section 102(8) unless the named official 
takes one of the following actions: 
‘‘(1) In the case of any such prosecution, the 
Attorney General or the highest ranking subordinate 
of the Attorney General with responsibility for crimi-
nal prosecutions certifies that, in the judgment of 
the certifying official, such offense was intended to 
coerce, intimidate, or retaliate against a government 
or a civilian population. 
‘‘(2)(A) In the case of a killing by a national 
of the United States within the jurisdiction of an-
other country, the Attorney General, the Deputy At-
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torney General, or an Assistant Attorney General 
approves the prosecution, which function of approv-
ing prosecutions may not be delegated. 
‘‘(B) No prosecution shall be approved under 
this paragraph if prosecution has been previously 
undertaken by a foreign country for the same con-
duct. No prosecution shall be approved under this 
paragraph unless the Attorney General, in consulta-
tion with the Secretary of State, determines that the 
conduct took place in a country in which the person 
is no longer present, and the country lacks the abil-
ity to lawfully secure the person’s return. A deter-
mination by the Attorney General under this para-
graph is not subject to judicial review. 
‘‘SUBCHAPTER F—ROBBERY, EXTORTION, AND 
RELATED THREATS 
‘‘141. Robbery in special maritime and territorial jurisdiction. 
‘‘142. Robbery of personal property of United States. 
‘‘143. Bank robbery and incidental crimes. 
‘‘144. Communication of ransom demands and other threatening communica-
tions in or affecting commerce. 
‘‘145. Extortion by officers or employees of the United States. 
‘‘146. Receiving the proceeds of extortion. 
‘‘§ 141. Robbery in special maritime and territorial ju-
risdiction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, by force and violence, 
or by intimidation, takes or attempts to take from the per-
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son or presence of another anything of value, shall be im-
prisoned not more than 15 years. 
‘‘§ 142. Robbery of personal property of United States 
‘‘Whoever robs or attempts to rob another of any 
kind or description of personal property belonging to the 
United States, shall be imprisoned not more than 15 
years. 
‘‘§ 143. Bank robbery and incidental crimes 
‘‘(a) BANK ROBBERY.—Whoever— 
‘‘(1) by force and violence, or by intimidation, 
takes, or attempts to take, from the person or pres-
ence of another, or obtains or attempts to obtain by 
extortion any property or money or any other thing 
of value belonging to, or in the care, custody, con-
trol, management, or possession of, any bank, credit 
union, or any savings and loan association; or 
‘‘(2) enters or attempts to enter any bank, 
credit union, or any savings and loan association, or 
any building used in whole or in part as a bank, 
credit union, or as a savings and loan association, 
with intent to commit in such bank, credit union, or 
in such savings and loan association, or building, or 
part thereof, so used, any felony affecting such 
bank, credit union, or such savings and loan associa-
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tion and in violation of any statute of the United 
States, or any larceny; 
shall be imprisoned not more than 20 years. 
‘‘(b) THEFT
OF
PROPERTY
OVER
$1,000 
IN 
VALUE.—Whoever takes and carries away, with intent to 
steal or purloin any property or money or any other thing 
of value exceeding $1,000 belonging to, or in the care, cus-
tody, control, management, or possession of any bank, 
credit union, or any savings and loan association, shall be 
imprisoned not more than ten years. 
‘‘(c) THEFT OF PROPERTY OF $1,000 OR LESS IN 
VALUE.—Whoever takes and carries away, with intent to 
steal or purloin, any property or money or any other thing 
of value not exceeding $1,000 belonging to, or in the care, 
custody, control, management, or possession of any bank, 
credit union, or any savings and loan association, shall be 
imprisoned not more than one year. 
‘‘(d) RECEIVING STOLEN BANK PROPERTY.—Who-
ever receives, possesses, conceals, stores, barters, sells, or 
disposes of any property or money or other thing of value 
which has been taken or stolen from a bank, credit union, 
or savings and loan association in violation of subsection 
(b) or (c), knowing the same to be property which has 
been stolen shall be subject to the punishment provided 
in subsection (b) or (c) for the taker. 
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‘‘(e) ASSAULTING PERSON
OR PLACING LIFE
IN 
JEOPARDY.—Whoever, in committing, or in attempting to 
commit, any offense defined in subsections (a) through (c), 
assaults any person, or puts in jeopardy the life of any 
person by the use of a dangerous weapon or device, shall 
be imprisoned not more than 25 years. 
‘‘(f) KILLING AND KIDNAPPING.—Whoever, in com-
mitting any offense defined in this section, or in avoiding 
or attempting to avoid apprehension for the commission 
of such offense, or in freeing himself or attempting to free 
himself from arrest or confinement for such offense, kills 
any person, or forces any person to accompany him with-
out the consent of such person, shall be imprisoned not 
less than ten years, or if death results shall be punished 
by death or life imprisonment. 
‘‘(g) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘bank’ means any member bank 
of the Federal Reserve System, and any bank, bank-
ing association, trust company, savings bank, or 
other banking institution organized or operating 
under the laws of the United States, including a 
branch or agency of a foreign bank (as such terms 
are defined in paragraphs (1) and (3) of section 1(b) 
of the International Banking Act of 1978), and any 
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institution the deposits of which are insured by the 
Federal Deposit Insurance Corporation; 
‘‘(2) the term ‘credit union’ means any Federal 
credit union and any State-chartered credit union 
the accounts of which are insured by the National 
Credit Union Administration Board, and any ‘Fed-
eral credit union’ as defined in section 2 of the Fed-
eral Credit Union Act; 
‘‘(3) the term ‘State-chartered credit union’ in-
cludes a credit union chartered under the laws of a 
State; and 
‘‘(4) the term ‘savings and loan association’ 
means— 
‘‘(A) a Federal savings association or State 
savings association (as defined in section 3(b) 
of the Federal Deposit Insurance Act) having 
accounts insured by the Federal Deposit Insur-
ance Corporation; and 
‘‘(B) a corporation described in section 
3(b)(1)(C) of the Federal Deposit Insurance 
Act that is operating under the laws of the 
United States. 
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‘‘§ 144. Communication of ransom demands and other 
threatening communications in or affect-
ing commerce 
‘‘(a) KIDNAP RANSOM.—Whoever knowingly trans-
mits, in or affecting interstate or foreign commerce, any 
communication containing any demand or request for a 
ransom or reward for the release of any kidnapped person 
shall be imprisoned not more than 20 years. 
‘‘(b) THREATS TO KIDNAP OR INJURE.—Whoever, 
with intent to extort from any person any money or other 
thing of value, knowingly transmits, in or affecting inter-
state commerce, any communication containing any threat 
to kidnap any person or any threat to injure the person 
of another, shall be imprisoned not more than 20 years. 
‘‘(c) THREATS TO PROPERTY OR REPUTATION WITH 
INTENT TO EXTORT.—Whoever, with intent to extort 
from any person any money or other thing of value, know-
ingly transmits, in or affecting interstate or foreign com-
merce, any communication containing any threat— 
‘‘(1) to injure the property or reputation of an-
other or the reputation of a deceased person; or 
‘‘(2) to accuse another of a crime; 
shall be imprisoned not more than 10 years. 
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‘‘§ 145. Extortion by officers or employees of the 
United States 
‘‘Whoever, being an officer, or employee of the United 
States or any department or agency thereof, or rep-
resenting oneself to be or assuming to act as such, under 
color or pretense of office or employment commits or at-
tempts an act of extortion, shall be imprisoned not more 
than three years; but if the amount so extorted or de-
manded does not exceed $1,000, the offender shall be im-
prisoned not more than one year. 
‘‘§ 146. Receiving the proceeds of extortion 
‘‘Whoever receives, possesses, conceals, or disposes of 
any money or other property which was obtained from the 
commission of any offense under this subchapter that is 
punishable by imprisonment for more than 1 year, know-
ing the same to have been unlawfully obtained, shall be 
imprisoned not more than 3 years. 
‘‘SUBCHAPTER G—EXTORTIONATE CREDIT 
TRANSACTIONS 
‘‘155. Making extortionate extensions of credit. 
‘‘156. Financing extortionate extensions of credit. 
‘‘157. Collection of extensions of credit by extortionate means. 
‘‘158. Definitions and rules of construction. 
‘‘§ 155. Making extortionate extensions of credit 
‘‘(a) OFFENSE.—Whoever makes any extortionate ex-
tension of credit shall be imprisoned not more than 20 
years. 
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‘‘(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE 
TRANSACTION.—In any prosecution under this section, if 
it is shown that all of the following factors were present 
in connection with the extension of credit in question, 
there is prima facie evidence that the extension of credit 
was extortionate: 
‘‘(1) The repayment of the extension of credit, 
or the performance of any promise given in consider-
ation thereof, would be unenforceable, through civil 
judicial processes against the debtor— 
‘‘(A) in the jurisdiction within which the 
debtor, if a natural person, resided; or 
‘‘(B) in every jurisdiction within which the 
debtor, if other than a natural person, was in-
corporated or qualified to do business at the 
time the extension of credit was made. 
‘‘(2) The extension of credit was made at a rate 
of interest in excess of an annual rate of 45 per cen-
tum calculated according to the actuarial method of 
allocating payments made on a debt between prin-
cipal and interest, pursuant to which a payment is 
applied first to the accumulated interest and the bal-
ance is applied to the unpaid principal. 
‘‘(3) At the time the extension of credit was 
made, the debtor reasonably believed that either— 
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‘‘(A) one or more extensions of credit by 
the creditor had been collected or attempted to 
be collected by extortionate means, or the non-
repayment thereof had been punished by extor-
tionate means; or 
‘‘(B) the creditor had a reputation for the 
use of extortionate means to collect extensions 
of credit or to punish the nonrepayment there-
of. 
‘‘(4) Upon the making of the extension of cred-
it, the total of the extensions of credit by the cred-
itor to the debtor then outstanding, including any 
unpaid interest or similar charges, exceeded $100. 
‘‘(c) REPUTATION EVIDENCE.—In any prosecution 
under this section, if evidence is introduced tending to 
show the existence of any of the circumstances described 
in subsection (b)(1) or (b)(2), and direct evidence of the 
actual belief of the debtor as to the creditor’s collection 
practices is not available, then for the purpose of showing 
the understanding of the debtor and the creditor at the 
time the extension of credit was made, the court may in 
its discretion allow evidence to be introduced tending to 
show the reputation as to collection practices of the cred-
itor in any community of which the debtor was a member 
at the time of the extension. 
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‘‘§ 156. Financing extortionate extensions of credit 
‘‘Whoever knowingly advances money or property, 
whether as a gift, as a loan, as an investment, pursuant 
to a partnership or profit-sharing agreement, or otherwise, 
to any person, with reason to believe that it is the inten-
tion of that person to use the money or property so ad-
vanced directly or indirectly for the purpose of making ex-
tortionate extensions of credit, shall be imprisoned not 
more than 20 years. 
‘‘§ 157. Collection of extensions of credit by extor-
tionate means 
‘‘Whoever knowingly uses any extortionate means— 
‘‘(1) to collect or attempt to collect any exten-
sion of credit; or 
‘‘(2) to punish any person for nonrepayment of 
an extension of credit; 
shall be imprisoned not more than 20 years. 
‘‘§ 158. Definitions and rules of construction 
‘‘As used in this subchapter: 
‘‘(1) To extend credit means to make or renew 
any loan, or to enter into any agreement, tacit or ex-
press, whereby the repayment or satisfaction of any 
debt or claim, whether acknowledged or disputed, 
valid or invalid, and however arising, may or will be 
deferred. 
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failure to make repayment could result in the use of 
violence or other criminal means to cause harm to 
the person, reputation, or property of any person. 
‘‘(7) An extortionate means is any means which 
involves the use, or an express or implicit threat of 
use, of violence or other criminal means to cause 
harm to the person, reputation, or property of any 
person. 
‘‘(8) State law, including conflict of laws rules, 
governing the enforceability through civil judicial 
processes of repayment of any extension of credit or 
the performance of any promise given in consider-
ation thereof shall be judicially noticed. This para-
graph does not impair any authority which any court 
would otherwise have to take judicial notice of any 
matter of State law. 
‘‘SUBCHAPTER H—DOMESTIC VIOLENCE 
‘‘161. Interstate domestic violence; interstate stalking; interstate violations of 
custody orders. 
‘‘162. Pretrial release of defendant. 
‘‘163. Full faith and credit given to protection orders. 
‘‘164. Definitions. 
‘‘165. Repeat offenders. 
‘‘§ 161. Interstate domestic violence; interstate stalk-
ing; interstate violations of custody or-
ders 
‘‘(a) OFFENSES.—Whoever— 
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‘‘(1) travels in interstate or foreign commerce 
or enters or leaves Indian country or within the spe-
cial maritime and territorial jurisdiction of the 
United States with the intent to kill, injure, harass, 
or intimidate a spouse, intimate partner, or dating 
partner, and who, in the course of or as a result of 
such travel, commits or attempts to commit a crime 
of violence against that spouse, intimate partner, or 
dating partner; 
‘‘(2) causes a spouse, intimate partner, or dat-
ing partner to travel in interstate or foreign com-
merce or to enter or leave Indian country or within 
the special maritime and territorial jurisdiction of 
the United States by force, coercion, duress, or 
fraud, and who, in the course of, as a result of, or 
to facilitate such conduct or travel, commits or at-
tempts to commit a crime of violence against that 
spouse, intimate partner, or dating partner; 
‘‘(3) travels in interstate or foreign commerce 
or within the special maritime and territorial juris-
diction of the United States, or enters or leaves In-
dian country, with the intent to kill, injure, harass, 
or place under surveillance with intent to kill, injure, 
harass, or intimidate another person, and in the 
course of, or as a result of, such travel places that 
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emotional distress to that person or places that per-
son in reasonable fear of the death of, or serious 
bodily injury to, any of the persons described in 
clauses (i) through (iii) of subparagraph (B); 
‘‘(5) travels in interstate or foreign commerce, 
or enters or leaves Indian country, with the intent 
to engage in conduct that violates the portion of a 
protection order that prohibits or provides protection 
against violence, threats, or harassment against, 
contact or communication with, or physical prox-
imity to, another person, or that would violate such 
a portion of a protection order in the jurisdiction in 
which the order was issued, and subsequently en-
gages in such conduct; or 
‘‘(6) causes another person to travel in inter-
state or foreign commerce or to enter or leave In-
dian country by force, coercion, duress, or fraud, 
and in the course of, as a result of, or to facilitate 
such conduct or travel engages in conduct that vio-
lates the portion of a protection order that prohibits 
or provides protection against violence, threats, or 
harassment against, contact or communication with, 
or physical proximity to, another person, or that 
would violate such a portion of a protection order in 
the jurisdiction in which the order was issued; 
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PWALKER on DSK7TPTVN1PROD with BILLS
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be imprisoned— 
‘‘(A) for life or any term of years, if death 
of the victim results; 
‘‘(B) for not more than 20 years, if perma-
nent disfigurement or life threatening bodily in-
jury to the victim results; 
‘‘(C) for not more than 10 years, if serious 
bodily injury to the victim results or if the of-
fender uses a dangerous weapon during the of-
fense; 
‘‘(D) as provided for the applicable con-
duct under subchapter A of chapter 13, if the 
offense would constitute an offense under that 
subchapter if the offense had occurred within 
the special maritime and territorial jurisdiction 
of the United States; and 
‘‘(E) for not more than 5 years, in any 
other case. 
‘‘(2) SPECIAL
RULE.—Whoever violates para-
graph (3) or (4) of subsection (a) in violation of a 
temporary or permanent civil or criminal injunction, 
restraining order, no-contact order, or other order 
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PWALKER on DSK7TPTVN1PROD with BILLS
described in section 164 shall be punished by impris-
onment for not less than 1 year. 
‘‘§ 162. Pretrial release of defendant 
‘‘In any proceeding pursuant to section 3142 for the 
purpose of determining whether a defendant charged 
under this subchapter shall be released pending trial, or 
for the purpose of determining conditions of such release, 
the alleged victim shall be given an opportunity to be 
heard regarding the danger posed by the defendant. 
‘‘§ 163. Full faith and credit given to protection or-
ders 
‘‘(a) FULL FAITH
AND CREDIT.—Any protection 
order issued that is consistent with subsection (b) of this 
section by the court of one State or Indian tribe (the 
issuing State or Indian tribe) shall be accorded full faith 
and credit by the court of another State or Indian tribe, 
(the enforcing State or Indian tribe) and enforced by the 
court and law enforcement personnel of the other State 
or Indian tribe as if it were the order of the enforcing 
State or Indian tribe. 
‘‘(b) PROTECTION
ORDER.—A protection order 
issued by a State, tribal, or territorial court is consistent 
with this subsection if— 
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‘‘(1) such court has jurisdiction over the parties 
and matter under the law of such State or Indian 
tribe; and 
‘‘(2) reasonable notice and opportunity to be 
heard is given to the person against whom the order 
is sought sufficient to protect that person’s right to 
due process; and in the case of ex parte orders, no-
tice and opportunity to be heard must be provided 
within the time required by State, tribal, or terri-
torial law, and in any event within a reasonable time 
after the order is issued, sufficient to protect the re-
spondent’s due process rights. 
‘‘(c) CROSS OR COUNTER PETITION.—A protection 
order issued by a State, tribal, or territorial court against 
one who has petitioned, filed a complaint, or otherwise 
filed a written pleading for protection against abuse by 
a spouse or intimate partner is not entitled to full faith 
and credit if— 
‘‘(1) no cross or counter petition, complaint, or 
other written pleading was filed seeking such a pro-
tection order; or 
‘‘(2) a cross or counter petition has been filed 
and the court did not make specific findings that 
each party was entitled to such an order. 
‘‘(d) NOTIFICATION AND REGISTRATION.— 
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‘‘(1) NOTIFICATION.—A State or Indian tribe 
according full faith and credit to an order by a court 
of another State or Indian tribe shall not notify or 
require notification of the party against whom a pro-
tection order has been issued that the protection 
order has been registered or filed in that enforcing 
State, tribal, or territorial jurisdiction unless re-
quested to do so by the party protected under such 
order. 
‘‘(2) NO PRIOR REGISTRATION OR FILING AS 
PREREQUISITE FOR ENFORCEMENT.—Any protection 
order that is otherwise consistent with this section 
shall be accorded full faith and credit, notwith-
standing failure to comply with any requirement 
that the order be registered or filed in the enforcing 
State, tribal, or territorial jurisdiction. 
‘‘(3) LIMITS
ON
INTERNET
PUBLICATION
OF 
REGISTRATION
INFORMATION.—A State or Indian 
tribe shall not make available publicly on the Inter-
net any information regarding the registration, filing 
of a petition for, or issuance of a protection order, 
restraining order, or injunction in either the issuing 
or enforcing State, tribal, or territorial jurisdiction, 
if such publication would be likely to publicly reveal 
the identity or location of the party protected under 
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such order. A State or Indian tribe may share court- 
generated and law-enforcement-generated informa-
tion contained in secure, governmental registries for 
protection order enforcement purposes. 
‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 
of this section, a tribal court shall have full civil jurisdic-
tion to enforce protection orders, including authority to 
enforce any orders through civil contempt proceedings, ex-
clusion of violators from Indian lands, and other appro-
priate mechanisms, in matters arising within the authority 
of the tribe. 
‘‘§ 164. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘course of conduct’ means a pat-
tern of conduct composed of 2 or more acts, dem-
onstrating a continuity of purpose; 
‘‘(2) the term ‘enter or leave Indian country’ in-
cludes leaving the jurisdiction of one tribal govern-
ment and entering the jurisdiction of another tribal 
government; 
‘‘(3) the term ‘protection order’ includes— 
‘‘(A) any injunction, restraining order, or 
any other order issued by a civil or criminal 
court for the purpose of preventing violent or 
threatening acts or harassment against, sexual 
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violence, or contact or communication with or 
physical proximity to, another person, including 
any temporary or final order issued by a civil 
or criminal court whether obtained by filing an 
independent action or as a pendente lite order 
in another proceeding so long as any civil or 
criminal order was issued in response to a com-
plaint, petition, or motion filed by or on behalf 
of a person seeking protection; and 
‘‘(B) any support, child custody or visita-
tion provisions, orders, remedies or relief issued 
as part of a protection order, restraining order, 
or injunction pursuant to State, tribal, terri-
torial, or local law authorizing the issuance of 
protection orders, restraining orders, or injunc-
tions for the protection of victims of domestic 
violence, sexual assault, dating violence, or 
stalking; 
‘‘(4) the term ‘spouse or intimate partner’ in-
cludes— 
‘‘(A) for purposes of— 
‘‘(i) all provisions except paragraphs 
(3) and (4) of section 161— 
‘‘(I) a spouse or former spouse of 
the abuser, a person who shares a 
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child in common with the abuser, and 
a 
person 
who 
cohabits 
or 
has 
cohabited as a spouse with the abuser; 
or 
‘‘(II) a person who is or has been 
in a social relationship of a romantic 
or intimate nature with the abuser, as 
determined by the length of the rela-
tionship, the type of relationship, and 
the frequency of interaction between 
the persons involved in the relation-
ship; and 
‘‘(ii) paragraphs (3) and (4) of section 
161— 
‘‘(I) a spouse or former spouse of 
the target of the stalking, a person 
who shares a child in common with 
the target of the stalking, and a per-
son who cohabits or has cohabited as 
a spouse with the target of the stalk-
ing; or 
‘‘(II) a person who is or has been 
in a social relationship of a romantic 
or intimate nature with the target of 
the stalking, as determined by the 
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length of the relationship, the type of 
the relationship, and the frequency of 
interaction between the persons in-
volved in the relationship; and 
‘‘(B) any other person similarly situated to 
a spouse who is protected by the domestic or 
family violence laws of the State or tribal juris-
diction in which the injury occurred or where 
the victim resides; 
‘‘(5) the term ‘travel in interstate or foreign 
commerce’ does not include travel from one State to 
another by an individual who is a member of an In-
dian tribe and who remains at all times in the terri-
tory of the Indian tribe of which the individual is a 
member; and 
‘‘(6) the term ‘dating partner’ refers to a per-
son who is or has been in a social relationship of a 
romantic or intimate nature with the abuser; and 
the existence of such a relationship is based on a 
consideration of— 
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and 
‘‘(C) the frequency of interaction between 
the persons involved in the relationship. 
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‘‘§ 165. Repeat offenders 
‘‘(a) MAXIMUM
TERM
OF
IMPRISONMENT.—The 
maximum term of imprisonment for a violation of this sub-
chapter after a prior domestic violence or stalking offense 
shall be twice the term otherwise provided under this sub-
chapter. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘prior domestic violence or stalking offense’ means a con-
viction for an offense— 
‘‘(1) under section 161; or 
‘‘(2) under State law for an offense consisting 
of conduct that would have been an offense under 
section 161 if the conduct had occurred within the 
special maritime and territorial jurisdiction of the 
United States, or in interstate or foreign commerce. 
‘‘SUBCHAPTER I—PROTECTION OF UNBORN 
CHILDREN 
‘‘171. Protection of unborn children. 
‘‘172. Partial-birth abortions prohibited. 
‘‘§ 171. Protection of unborn children 
‘‘(a) OFFENSE.— 
‘‘(1) Whoever engages in conduct that violates 
any of the provisions of law listed in subsection (b) 
and thereby causes the death of, or bodily injury to, 
a child, who is in utero at the time the conduct 
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takes place, is guilty of a separate offense under this 
section. 
‘‘(2)(A) Except as otherwise provided in this 
paragraph, the punishment for that separate offense 
is the same as the punishment provided under Fed-
eral law for that conduct had that injury or death 
occurred to the unborn child’s mother. 
‘‘(B) An offense under this section does not re-
quire proof that— 
‘‘(i) the person engaging in the conduct 
had knowledge or should have had knowledge 
that the victim of the underlying offense was 
pregnant; or 
‘‘(ii) the defendant intended to cause the 
death of, or bodily injury to, the unborn child. 
‘‘(C) If the person engaging in the conduct 
thereby intentionally kills or attempts to kill the un-
born child, that person shall instead of being pun-
ished under subparagraph (A) and subject to sub-
paragraph (D), be punished as provided under sub-
chapter A for the like offense. 
‘‘(D) Notwithstanding any other provision of 
law, the death penalty shall not be imposed for an 
offense under this section. 
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‘‘(b) PROVISIONS REFERRED TO.—The provisions re-
ferred to in subsection (a) are the following: 
‘‘(1) Sections 102, 112, 121, 123, 131, 143, 
161, 201(a)(1), 204, 271, 273, 501, 502, 506, 507, 
584(j), 593, 601, 614(d), (f), (h)(1), and (i), 631, 
873, 892, 895, 897, 898, 1131, 1132, 1137, 1138, 
1204(a), 1216, 1291, 1296, 1305, 1331, 1345, and 
1373. 
‘‘(2) Section 202 of the Atomic Energy Act of 
1954. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the prosecution— 
‘‘(1) of any person for conduct relating to an 
abortion for which the consent of the pregnant 
woman, or a person authorized by law to act on her 
behalf, has been obtained or for which such consent 
is implied by law; 
‘‘(2) of any person for any medical treatment of 
the pregnant woman or her unborn child; or 
‘‘(3) of any woman with respect to her unborn 
child. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘unborn child’ means a child in 
utero; and 
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‘‘(2) the term ‘child in utero’ or ‘child, who is 
in utero’ means a member of the species Homo sapi-
ens, at any stage of development, who is carried in 
the womb. 
‘‘§ 172. Partial-birth abortions prohibited 
‘‘(a) OFFENSE.—Any physician who, in or affecting 
interstate or foreign commerce, knowingly performs a par-
tial-birth abortion and thereby kills a human fetus shall 
be imprisoned not more than 2 years. This subsection does 
not apply to a partial-birth abortion that is necessary to 
save the life of a mother whose life is endangered by a 
physical disorder, physical illness, or physical injury, in-
cluding a life-endangering physical condition caused by or 
arising from the pregnancy itself. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘partial-birth abortion’ means an 
abortion in which the person performing the abor-
tion— 
‘‘(A) 
deliberately 
and 
intentionally 
vaginally delivers a living fetus until, in the 
case of a head-first presentation, the entire 
fetal head is outside the body of the mother, or, 
in the case of breech presentation, any part of 
the fetal trunk past the navel is outside the 
body of the mother, for the purpose of per-
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forming an overt act that the person knows will 
kill the partially delivered living fetus; and 
‘‘(B) performs the overt act, other than 
completion of delivery, that kills the partially 
delivered living fetus; and 
‘‘(2) the term ‘physician’ means a doctor of 
medicine or osteopathy legally authorized to practice 
medicine and surgery by the State in which the doc-
tor performs such activity, or any other individual 
legally authorized by the State to perform abortions, 
but any individual who is not a physician or not oth-
erwise legally authorized by the State to perform 
abortions, but who nevertheless directly performs a 
partial-birth abortion, shall be subject to the provi-
sions of this section. 
‘‘(c) CIVIL ACTION.— 
‘‘(1) The father, if married to the mother at the 
time she receives a partial-birth abortion procedure, 
and if the mother has not attained the age of 18 
years at the time of the abortion, the maternal 
grandparents of the fetus, may in a civil action ob-
tain appropriate relief, unless the pregnancy resulted 
from the plaintiff’s criminal conduct or the plaintiff 
consented to the abortion. 
‘‘(2) Such relief shall include— 
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‘‘(A) money damages for all injuries, psy-
chological and physical, occasioned by the viola-
tion of this section; and 
‘‘(B) statutory damages equal to three 
times the cost of the partial-birth abortion. 
‘‘(d) HEARING.— 
‘‘(1) A defendant accused of an offense under 
this section may seek a hearing before the State 
Medical Board on whether the physician’s conduct 
was necessary to save the life of the mother whose 
life was endangered by a physical disorder, physical 
illness, or physical injury, including a life-endan-
gering physical condition caused by or arising from 
the pregnancy itself. 
‘‘(2) The findings on that issue are admissible 
on that issue at the trial of the defendant. Upon a 
motion of the defendant, the court shall delay the 
beginning of the trial for not more than 30 days to 
permit such a hearing to take place. 
‘‘(e) EXCLUSION.—A woman upon whom a partial- 
birth abortion is performed may not be prosecuted under 
this section, for a conspiracy to violate this section, or for 
an offense under section 2, 3, or 4 based on a violation 
of this section. 
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‘‘CHAPTER 13—SEX CRIMES 
‘‘Subchapter 
‘‘A. Sexual abuse 
‘‘B. Transport for illegal sexual activity 
‘‘C. Sexual exploitation of children 
‘‘D. Sex offender registry 
‘‘E. General provisions and definitions 
‘‘SUBCHAPTER A—SEXUAL ABUSE 
‘‘201. Sexual abuse. 
‘‘202. Abusive sexual contact. 
‘‘203. Special rules and defenses. 
‘‘204. Sexual abuse resulting in death. 
‘‘205. Definitions for subchapter. 
‘‘§ 201. Sexual abuse 
‘‘(a) OFFENSES.—As made applicable and punished 
in subsection (b), the following offenses have the following 
elements: 
‘‘(1) AGGRAVATED
SEXUAL
ABUSE
OF
A 
CHILD.—Whoever— 
‘‘(A) knowingly engages in a sexual act 
with another person— 
‘‘(i) who has not attained the age of 
12 years; or 
‘‘(ii) 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 
‘‘(B) crosses a state line with the intent to 
engage in a sexual act with a person who has 
not attained the age of 12 years; 
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is guilty of aggravated sexual abuse of a child. 
‘‘(2) 
AGGRAVATED
SEXUAL
ABUSE.—Who-
ever— 
‘‘(A) knowingly causes another person to 
engage in a sexual act— 
‘‘(i) by using force against that other 
person; or 
‘‘(ii) by threatening or placing that 
other person in fear that any person will 
be subjected to death, serious bodily in-
jury, substantial risk of unconsciousness, 
or kidnapping; or 
‘‘(B) knowingly— 
‘‘(i) renders another person uncon-
scious and thereby engages in a sexual act 
with that other person; or 
‘‘(ii) 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— 
‘‘(I) substantially impairs the 
ability of that other person to ap-
praise or control conduct; and 
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‘‘(B) under the custodial, supervisory, or 
disciplinary authority of the person so engag-
ing; 
is guilty of sexual abuse of a ward. 
‘‘(b) PENALTIES
AND CIRCUMSTANCES
FOR FED-
ERAL OFFENSE.— 
‘‘(1) PENALTIES.— 
‘‘(A) AGGRAVATED SEXUAL ABUSE OF A 
CHILD.—Whoever commits aggravated sexual 
abuse of a child in a place described in para-
graph (2) or by crossing a State line with the 
intent to engage in a sexual act with a person 
who has not attained the age of 12 years shall 
be imprisoned not less than 30 years or for life. 
If the offender has previously been convicted of 
another Federal offense under subsection (a)(1) 
or (a)(2), or of a State offense that would have 
been an offense under either such provision had 
the offense occurred in a Federal prison, the 
defendant shall be punished by death or life im-
prisonment. 
‘‘(B) AGGRAVATED SEXUAL ABUSE.—Who-
ever commits aggravated sexual abuse in a 
place described in paragraph (2) shall be im-
prisoned for any term of years or for life. 
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‘‘(C) SEXUAL
ABUSE.—Whoever commits 
sexual abuse in a place described in paragraph 
(2) shall be imprisoned not more than 20 years. 
‘‘(D) SEXUAL ABUSE OF A WARD.—Who-
ever commits sexual abuse of a ward in a place 
described in paragraph (2) shall be imprisoned 
not more than 15 years. 
‘‘(2) CIRCUMSTANCES.—The places referred to 
in paragraph (1) are— 
‘‘(A) the special maritime and territorial 
jurisdiction of the United States; or 
‘‘(B) a Federal prison or any prison insti-
tution or facility in which persons are held in 
custody by direction of or pursuant to a con-
tract or agreement with the Attorney General. 
‘‘§ 202. Abusive sexual contact 
‘‘Whoever engages in sexual contact with another per-
son— 
‘‘(1) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(A), 
shall be imprisoned for any term of years or for life; 
‘‘(2) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
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would be punishable under section 201(b)(1)(B), 
shall be imprisoned not more than 10 years; 
‘‘(3) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(C), 
shall be imprisoned not more than 3 years; and 
‘‘(4) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(D), 
shall be imprisoned not more than 2 years. 
‘‘§ 203. Special rules and defenses 
‘‘(a) PROOF OF STATE OF MIND AS TO AGE.—In a 
prosecution under subsection (a)(1), the Government need 
not prove that the defendant knew the age of the other 
person engaging in the sexual act or that the requisite age 
difference existed between the persons so engaging. 
‘‘(b) DEFENSES.— 
‘‘(1) AGGRAVATED SEXUAL ABUSE OF A CHILD 
OR SEXUAL CONTACT INVOLVING A MINOR.—It is an 
affirmative defense to a prosecution under this sub-
chapter for an offense involving a minor where an 
element of the offense is that the minor not be 16 
years of age or older that the defendant reasonably 
believed the minor to be 16 years of age or older. 
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‘‘(2) MARRIAGE IN CERTAIN CASES.—It is an 
affirmative defense to prosecution for an offense 
under this subchapter involving a sexual act or sex-
ual contact with a ward, that the ward was married 
to the person engaging in the sexual act or contact 
at the time of the alleged offense. 
‘‘§ 204. Sexual abuse resulting in death 
‘‘Whoever, in the course of an offense under this sub-
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. 
‘‘§ 205. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘sexual act’ means— 
‘‘(A) contact between the penis and the 
vulva or the penis and the anus, and for pur-
poses 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, 
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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; 
‘‘(2) the term ‘sexual contact’ means the inten-
tional touching, either directly or through the cloth-
ing, 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; 
‘‘(3) the term ‘official detention’ means— 
‘‘(A) detention by a Federal officer or em-
ployee, or under the direction of a Federal offi-
cer or employee, following arrest for an offense; 
following surrender in lieu of arrest for an of-
fense; following a charge or conviction of an of-
fense, or an allegation or finding of juvenile de-
linquency; 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 
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abeyance, or pending extradition, deportation, 
or exclusion; or 
‘‘(B) custody by a Federal officer or em-
ployee, or under the direction of a Federal offi-
cer or employee, for purposes incident to any 
detention described in subparagraph (A) of this 
paragraph, including transportation, medical di-
agnosis 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. 
‘‘SUBCHAPTER B—TRANSPORT FOR ILLEGAL 
SEXUAL ACTIVITY 
‘‘211. Transportation generally. 
‘‘212. Coercion and enticement. 
‘‘213. Transportation of minors. 
‘‘214. Use of interstate facilities to transmit information about a minor. 
‘‘§ 211. Transportation generally 
‘‘Whoever knowingly transports an individual in 
interstate or foreign commerce, or in any territory or pos-
session of the United States, with intent that such indi-
vidual engage in prostitution, or in any sexual activity for 
which any person can be charged with a criminal offense, 
or attempts to do so, shall be imprisoned not more than 
10 years. 
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‘‘§ 212. Coercion and enticement 
‘‘(a) Whoever knowingly persuades, induces, entices, 
or coerces any individual to travel in interstate or foreign 
commerce, or in any territory or possession of the United 
States, to engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal of-
fense, or attempts to do so, shall be imprisoned not more 
than 20 years. 
‘‘(b) Whoever, using any facility of interstate or for-
eign commerce, or within the special maritime and terri-
torial jurisdiction of the United States, knowingly per-
suades, induces, entices, or coerces any minor to engage 
in prostitution or any sexual activity for which any person 
can be charged with a criminal offense, or attempts to do 
so, shall be imprisoned not less than 5 years and not more 
than 30 years. 
‘‘§ 213. Transportation of minors 
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE 
IN CRIMINAL SEXUAL ACTIVITY.—Whoever transports a 
minor in interstate or foreign commerce, or in any terri-
tory or possession of the United States, with intent that 
the minor engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal of-
fense, shall be imprisoned not less than 5 years and not 
more than 30 years. 
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‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT 
SEXUAL CONDUCT.—Whoever travels in interstate com-
merce or travels into the United States, or, being a United 
States citizen or an alien admitted for permanent resi-
dence in the United States, travels in foreign commerce, 
for the purpose of engaging in any illicit sexual conduct 
shall be imprisoned not more than 30 years. 
‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN 
FOREIGN PLACES.—Any United States citizen or alien ad-
mitted for permanent residence who travels in foreign 
commerce, and engages in any illicit sexual conduct shall 
be imprisoned not more than 30 years. 
‘‘(d) ANCILLARY OFFENSES.—Whoever, for the pur-
pose of commercial advantage or private financial gain, 
arranges, induces, procures, or facilitates the travel of a 
person knowing that such a person is traveling in inter-
state commerce or foreign commerce for the purpose of 
engaging in illicit sexual conduct shall be imprisoned not 
more than 30 years. 
‘‘(e) DEFINITION.—As used in this section, the term 
‘illicit sexual conduct’ means— 
‘‘(1) a sexual act (as defined in section 205) 
with a minor that would be in violation of sub-
chapter A if the sexual act occurred in the special 
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maritime and territorial jurisdiction of the United 
States; 
‘‘(2) any commercial sex act (as defined in sec-
tion 1265) with a minor; or 
‘‘(3) the production of child pornography (as 
defined in section 225). 
‘‘(f) DEFENSE.—In a prosecution under this section 
based on illicit sexual conduct as defined in subsection 
(e)(2), it is an affirmative defense that the defendant rea-
sonably believed that the person with whom the defendant 
engaged in the commercial sex act had attained the age 
of 18 years. 
‘‘§ 214. Use of interstate facilities to transmit infor-
mation about a minor 
‘‘Whoever, using a facility of interstate or foreign 
commerce, or within the special maritime and territorial 
jurisdiction of the United States, knowingly transmits the 
name, address, telephone number, social security number, 
or electronic mail address of another individual, knowing 
that such other individual has not attained the age of 16 
years, with the intent to entice, encourage, offer, or solicit 
any person to engage in any sexual activity for which any 
person can be charged with a criminal offense, or attempts 
to do so, shall be imprisoned not more than 5 years. 
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‘‘SUBCHAPTER C—SEXUAL EXPLOITATION OF 
CHILDREN 
‘‘221. Sexual exploitation of children. 
‘‘222. Selling or buying of children. 
‘‘223. Certain activities relating to material involving the sexual exploitation of 
minors and child pornography. 
‘‘224. Misleading domain names on the Internet. 
‘‘225. Definitions for subchapter. 
‘‘226. Recordkeeping requirements. 
‘‘227. Failure to report child abuse. 
‘‘§ 221. Sexual exploitation of children 
‘‘(a) OFFENSE.—Whoever, as made applicable in sub-
section (b)— 
‘‘(1) either— 
‘‘(A) employs, uses, persuades, induces, en-
tices, or coerces any minor to engage in, or who 
has a minor assist any other person to engage 
in, any sexually explicit conduct for the purpose 
of producing any visual depiction of such con-
duct or for the purpose of transmitting a live 
visual depiction of such conduct; or 
‘‘(B) transports any minor in interstate or 
foreign commerce, or in any territory or posses-
sion of the United States, with the intent that 
such minor engage in such conduct for such 
purpose; or 
‘‘(2) being a parent, legal guardian, or person 
having custody or control of a minor knowingly per-
mits such minor to engage in, or to assist any other 
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person to engage in, sexually explicit conduct for the 
purpose of producing any visual depiction of such 
conduct or for the purpose of transmitting a live vis-
ual depiction of such conduct; 
shall be punished as provided under subsection (e). 
‘‘(b) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the person engaging in that conduct knows 
or has reason to know that such visual depiction will 
be transported or transmitted in or affecting inter-
state or foreign commerce; 
‘‘(2) such visual depiction was produced using 
materials that have been transported in or affecting 
interstate or foreign commerce; 
‘‘(3) such visual depiction has actually been 
transported or transmitted in or affecting interstate 
or foreign commerce; or 
‘‘(4) the conduct constituting the offense occurs 
in or affects interstate or foreign commerce. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under sub-
section (a)(1) if the offender— 
‘‘(1) intends such visual depiction to be trans-
ported to the United States; or 
‘‘(2) transports such visual depiction to the 
United States. 
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