18 U.S.C. § 2242
Section 2242 · Sexual abuse
Amended 7 times on record
Applied in 301 court decisions — leading case United States v. Castillo (1998)
Most recently applied in United States v. Flaming (April 2025)
Applied most in the Eighth Circuit Circuit (53 decisions)
Cases citing this section usually also cite 18 U.S.C. § 2241 · 18 U.S.C. § 2244 · 18 U.S.C. § 3553
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly—
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, serious bodily injury, or kidnapping);
engages in a sexual act with another person if that other person is—
incapable of appraising the nature of the conduct; or
physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or
engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;
or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Codification
Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2242.
Amendments
2022—Par. (3). Pub. L. 117–103 added par. (3).
2007—Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions.
2006—Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “and imprisoned for any term of years or for life” for “, imprisoned not more than 20 years, or both” in concluding provisions.
Pub. L. 109–162 inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions.
1994—Par. (1). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.
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.