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8.171 Attempted Sexual Abuse-By Threat (18 U.S.C. Sec. 2242(1)

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.171 Attempted Sexual Abuse-By Threat (18 U.S.C. Sec. 2242(1)) is a federal crime that occurs when an individual, with the intent to commit a sexual offense, threatens another person with the purpose of coercing or intimidating them into engaging in a sexual act. This crime is punishable by up to 20 years in prison, a fine, or both. There are two types of attempted sexual abuse by threat: attempted rape or attempted sexual contact. Attempted rape is when an individual threatens another person with the intent to compel them to engage in a sexual act of penetration, without the victim’s consent. Attempted sexual contact is when an individual threatens another person with the intent to compel them to engage in a sexual act of touching, without the victim’s consent. In both cases, the individual making the threat must have the necessary intent to commit the sexual offense.

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FAQ

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.

The laws to which section 2244(a) refers are sections 2241 (the provision regarding aggravated sexual abuse), 2242 (which refers to sexual abuse), and 2243 (which pertains to sexual abuse of a minor or ward).

Additionally, under 18 U.S. Code section 2243(b), it is unlawful for a person who works in a federal prison or a facility or institution that detains people under a contract with the federal government to knowingly engage in sexual acts with an individual who is officially detained and under the authority of the actor.

§2243. Sexual abuse of a minor, a ward, or an individual in Federal custody. (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.

The Crime of Abusive Sexual Contact Under Federal Law In other words, under 18 U.S. Code section 2244(a), it is illegal for a person to knowingly engage in sexual contact with someone else, if it would violate other federal laws had the contact been a sexual act.

The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.

Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both.

By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

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8.171 Attempted Sexual Abuse-By Threat (18 U.S.C. Sec. 2242(1)