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U.S. Code as of:
01/19/04
Section 2243. Sexual abuse of a minor or ward
(a) Of a Minor. - Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison, knowingly engages in a sexual act with another person who -
(1) has attained the age of 12 years but has not attained the
age of 16 years; and
(2) is at least four years younger than the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned
not more than 15 years, or both.
(b) Of a Ward. - Whoever, in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in a sexual act with another person who is -
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority
of the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned
not more than one year, or both.
(c) Defenses. - (1) In a prosecution under subsection (a) of this
section, it is a defense, which the defendant must establish by a
preponderance of the evidence, that the defendant reasonably
believed that the other person had attained the age of 16 years.
(2) In a prosecution under this section, it is a defense, which
the defendant must establish by a preponderance of the evidence,
that the persons engaging in the sexual act were at that time
married to each other.
(d) State of Mind Proof Requirement. - In a prosecution under
subsection (a) of this section, the Government need not prove that
the defendant knew -
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the
persons so engaging.
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