§2246. Definitions for chapter

As used in this chapter-

(1) the term "prison" means a correctional, detention, or penal facility;

(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 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, 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;

(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, degrade, or arouse or gratify the sexual desire of any person;

(4) the term "serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

(5) 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 conviction of an offense, or an allegation or finding of juvenile delinquency; 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 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 subparagraph (A) of this paragraph, including transportation, medical diagnosis 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;

(6) the term "State" means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and

(7) the term "Federal law enforcement officer" has the meaning given the term in section 115.

(Added Pub. L. 99–646, §87(b), Nov. 10, 1986, 100 Stat. 3622 , §2245, and Pub. L. 99–654, §2, Nov. 14, 1986, 100 Stat. 3662 , §2245; renumbered §2246 and amended Pub. L. 103–322, title IV, §40502, title VI, §60010(a)(1), Sept. 13, 1994, 108 Stat. 1945 , 1972; Pub. L. 105–314, title III, §301(c), Oct. 30, 1998, 112 Stat. 2979 ; Pub. L. 117–103, div. W, title XII, §1202(e), Mar. 15, 2022, 136 Stat. 925 .)

Editorial Notes

Codification

Pub. L. 99–646 and Pub. L. 99–654 added identical sections.

Amendments

2022-Par. (7). Pub. L. 117–103 added par. (7).

1998-Par. (6). Pub. L. 105–314 added par. (6).

1994-Pub. L. 103–322, §60010(a)(1), renumbered section 2245 of this title as this section.

Par. (2)(D). Pub. L. 103–322, §40502, added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.