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with a child), it need not be proven that the accused 
knew that the other person engaging in the sexual 
act, contact, or liberty had not attained the age of 
twelve years. It is not an affirmative defense that 
the accused reasonably believed that the child had 
attained the age of twelve years. 
‘‘(2) SIXTEEN YEARS.—In a prosecution under 
subsection (d) (aggravated sexual assault of a child), 
(f) (aggravated sexual abuse of a child), (i) (abusive 
sexual contact with a child), or (j) (indecent liberty 
with a child), it need not be proven that the accused 
knew that the other person engaging in the sexual 
act, contact, or liberty had not attained the age of 
sixteen years. Unlike in paragraph (1), however, it 
is an affirmative defense that the accused reasonably 
believed that the child had attained the age of six-
teen years. 
‘‘(p) PROOF OF THREAT.—In a prosecution under 
this section, in proving that the accused made a threat, 
it need not be proven that the accused actually intended 
to carry out the threat. 
‘‘(q) MARRIAGE.—
‘‘(1) IN
GENERAL.—In a prosecution under 
paragraph (2) of subsection (c) (aggravated sexual 
assault), or under subsection (d) (aggravated sexual
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assault of a child), (f) (aggravated sexual abuse of 
a child), (i) (abusive sexual contact with a child), (j) 
(indecent liberty with a child), (m) (wrongful sexual 
contact), or (n) (indecent exposure), it is an affirma-
tive defense that the accused and the other person 
when they engaged in the sexual act, sexual contact, 
or sexual conduct are married to each other. 
‘‘(2) DEFINITION.—For purposes of this sub-
section, a marriage is a relationship, recognized by 
the laws of a competent state or foreign jurisdiction, 
between the accused and the other person as 
spouses. A marriage exists until it is dissolved in ac-
cordance with the laws of a competent state or for-
eign jurisdiction. 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply if the accused’s intent at the time of the sex-
ual conduct is to abuse, humiliate, or degrade any 
person, or if the child is under the age of fifteen 
years. 
‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CON-
SENT.—Lack of permission is an element of the offense 
in subsection (m) (wrongful sexual contact). Consent and 
mistake of fact as to consent are not an issue, or an af-
firmative defense, in a prosecution under any other sub-
section, except they are an affirmative defense for the sex-
168
ual conduct in issue in a prosecution under subsection (a) 
(rape), (c) (aggravated sexual assault), (e) (aggravated 
sexual contact), and (h) (abusive sexual contact). 
‘‘(s) OTHER AFFIRMATIVE DEFENSES
NOT PRE-
CLUDED.—The enumeration in this section of some af-
firmative defenses shall not be construed as excluding the 
existence of others. 
‘‘(t) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under this section does 
not preclude the prosecution or punishment of that ac-
cused for any other offense. 
‘‘(u) DEFINITIONS.—In this section: 
‘‘(1) SEXUAL
ACT.—The term ‘sexual act’ 
means—
‘‘(A) contact between the penis and the 
vulva, and for purposes of this subparagraph 
contact involving the penis occurs upon penetra-
tion, however slight; or 
‘‘(B) the penetration, however slight, of the 
genital opening of another by a hand or finger 
or by any object, with an intent to abuse, hu-
miliate, harass, or degrade any person or to 
arouse or gratify the sexual desire of any per-
son.
169
‘‘(2) SEXUAL CONTACT.—The term ‘sexual con-
tact’ means the intentional touching, either directly 
or through the clothing, of the genitalia, anus, groin, 
breast, inner thigh, or buttocks of another person, or 
intentionally causing another person to touch, either 
directly or through the clothing, the genitalia, anus, 
groin, breast, inner thigh, or buttocks of any person, 
with an intent to abuse, humiliate, or degrade any 
person or to arouse or gratify the sexual desire of 
any person. 
‘‘(3) GRIEVOUS
BODILY
HARM.—The term 
‘grievous bodily harm’ means serious bodily injury. 
It includes fractured or dislocated bones, deep cuts, 
torn members of the body, serious damage to inter-
nal organs, and other severe bodily injuries. It does 
not include minor injuries such as a black eye or a 
bloody nose. It is the same level of injury as in sec-
tion 928 (article 128) of this chapter, and a lesser 
degree of injury than in section 2246(4) of title 18. 
‘‘(4) DANGEROUS
WEAPON
OR
OBJECT.—The 
term ‘dangerous weapon or object’ means—
‘‘(A) any firearm, loaded or not, and 
whether operable or not; 
‘‘(B) any other weapon, device, instrument, 
material, or substance, whether animate or in-