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-endangering 
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) A woman upon whom a partial-birth abortion is per-
formed may not be prosecuted under this section, for a con-
spiracy to violate this section, or for an offense under section 
2, 3, or 4 based on a violation of this section. 
CHAPTER 13—SEX CRIMES 
Subchapter 
Sec. 
A. Sexual abuse ...........................................................................
201 
B. Transport for illegal sexual activity ..............................
211 
C. Sexual exploitation of children .......................................
221 
D. General Provisions and definitions ...............................
241 
SUBCHAPTER A—SEXUAL ABUSE 
Sec. 
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) ELEMENTS OF OFFENSE.—As made applicable and 
punished in subsection (b), the following offenses have the fol-
lowing elements: 
(1) AGGRAVATED SEXUAL ABUSE.—Whoever— 
(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 injury, substantial risk of uncon-
sciousness, or kidnapping; 
(B) knowingly— 
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(i) renders another person unconscious and 
thereby engages in a sexual act with that other per-
son; or 
(ii) administers to another person by force or 
threat of force, or without the knowledge or per-
mission of that person, a drug, intoxicant, or other 
similar substance and thereby— 
(I) substantially impairs the ability of that 
other person to appraise or control conduct; 
and 
(II) engages in a sexual act with that 
other person; or 
(C) knowingly engages in a sexual act with an-
other 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); 
is guilty of aggravated sexual abuse. 
(2) SEXUAL ABUSE.—Whoever knowingly— 
(A) causes another person to engage in a sexual 
act by threatening or placing that other person in fear 
(other than by threatening or placing that other person 
in fear that any person will be subjected to death, seri-
ous bodily injury, substantial risk of unconsciousness, 
or kidnapping); or 
(B) engages in a sexual act with another person 
if that other person is— 
(i) incapable of appraising the nature of the 
conduct; or 
(ii) physically incapable of declining participa-
tion in, or communicating unwillingness to engage 
in, that sexual act; 
is guilty of sexual abuse. 
(3) SEXUAL ABUSE OF A WARD.—Whoever knowingly 
engages in a sexual act with another person who is— 
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(A) in official detention; and 
(B) under the custodial, supervisory, or discipli-
nary authority of the person so engaging; 
is guilty of sexual abuse of a ward. 
(b) PENALTIES AND CIRCUMSTANCES FOR FEDERAL OF-
FENSE.— 
(1) AGGRAVATED SEXUAL ABUSE.—Whoever commits 
aggravated sexual abuse in the special maritime and terri-
torial jurisdiction of the United States or attempts to do 
so, shall be imprisoned for any term of years or for life. 
(2) SEXUAL ABUSE.—Whoever commits sexual abuse 
in the special maritime and territorial jurisdiction of the 
United States, or attempts to do so, shall be imprisoned 
not more than 20 years. 
(3) SEXUAL ABUSE OF A WARD.—Whoever commits 
sexual abuse of a ward in the special maritime and terri-
torial jurisdiction of the United States, or attempts to do 
so, shall be imprisoned not more than one year. 
§ 202. Abusive sexual contact 
(a) SEXUAL CONTACT IN CIRCUMSTANCES WHERE SEX-
UAL ACTS ARE PUNISHABLE.—Whoever engages in sexual con-
tact with another person— 
(1) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(1), shall be imprisoned not more 
than 10 years; 
(2) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(2), shall be imprisoned not more 
than 3 years;and 
(3) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(3), shall be imprisoned not more 
than 6 months. 
(b) ENHANCED PENALTY WHERE CONTACT IS WITH A 
CHILD UNDER 12 YEARS OF AGE.—If the sexual contact that 
violates this section is with an individual who has not attained 
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the age of 12 years, the maximum term of imprisonment that 
may be imposed for the offense is twice that otherwise provided 
in this section. 
§ 203. Special rules and defenses 
(a) PROOF OF STATE OF MIND AS TO AGE.—In a prosecu-
tion under this subchapter involving a sexual act or sexual con-
tact with a child, the Government need not prove that the de-
fendant knew the age of the child or that any age difference 
required for the offense did not exist. 
(b) DEFENSES.— 
(1) SEXUAL ABUSE OR SEXUAL CONTACT INVOLVING 
A
CHILD.—It is a affirmative defense to a prosecution 
under this subchapter for an offense involving a child where 
an element of the offense is that the child not be 16 years 
of age or older that the defendant reasonably believed the 
child to be 16 years of age or older. 
(2) MARRIAGE IN CERTAIN CASES.—It is an affirma-
tive defense to prosecution for an offense under this sub-
chapter involving a sexual act or sexual 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 of-
fense. 
§ 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 per-
son, shall be punished by death or imprisoned for any term of 
years or for life. 
§ 205. Definitions for subchapter 
As used in this subchapter— 
(2) the term ‘‘sexual act’’ means— 
(A) contact between the penis and the vulva or the 
penis and the anus, and for purposes of this subpara-
graph contact involving the penis occurs upon penetra-
tion, however slight; 
(B) contact between the mouth and the penis, the 
mouth and the vulva, or the mouth and the anus; 
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(C) the penetration, however slight, of the anal or 
genital opening of another by a hand or finger or by 
any object, with an intent to abuse, humiliate, harass, 
degrade, or arouse or gratify the sexual desire of any 
person; or 
(D) the intentional touching, not through the 
clothing, of the genitalia of another person who has not 
attained the age of 16 years with an intent to abuse, 
humiliate, harass, degrade, or arouse or gratify the sex-
ual desire of any person; 
(3) the term ‘‘sexual contact’’ means the intentional 
touching, either directly or through the clothing, of the 
genitalia, anus, groin, breast, inner thigh, or buttocks of 
any person with an intent to abuse, humiliate, harass, de-
grade, or arouse or gratify the sexual desire of any person; 
(4) the term ‘‘official detention’’ means— 
(A) detention by a Federal officer or employee, or 
under the direction of a Federal officer or employee, 
following arrest for an offense; following surrender in 
lieu of arrest for an offense; following a charge or con-
viction of an offense, or an allegation or finding of ju-
venile delinquency; following commitment as a material 
witness; following civil commitment in lieu of criminal 
proceedings or pending resumption of criminal pro-
ceedings that are being held in abeyance, or pending 
extradition, deportation, or exclusion; or 
(B) custody by a Federal officer or employee, or 
under the direction of a Federal officer or employee, 
for purposes incident to any detention described in sub-
paragraph (A) of this paragraph, including transpor-
tation, medical diagnosis or treatment, court appear-
ance, 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. 
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