8.173 Attempted Sexual Abuse-Incapacity of Victim (18 U.S.C. Sec. 2242(2)) is a federal law that prohibits any attempt to engage in a sexual act with another person if the 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. This law applies to any sexual act involving physical contact, including oral and anal sex. Under this law, there are three types of attempted sexual abuse-incapacity of victim: 1. Attempts to engage in sexual contact with someone who is mentally incapacitated or impaired by drugs, alcohol, or other substances, and unable to understand the nature of the sexual act. 2. Attempts to engage in sexual contact with someone who is physically incapacitated and unable to decline participation in, or communicate unwillingness to engage in, the sexual act. 3. Attempts to engage in sexual contact with someone who is unconscious, asleep, or otherwise unaware of the sexual act. Violation of this law is punishable by a fine and/or a prison sentence of up to 20 years, depending on the severity of the crime.
8.173 Attempted Sexual Abuse-Incapacity of Victim (18 U.S.C. Sec. 2242(2))..
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FAQ
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.
The Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.
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).
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three
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.
18 U.S. Code Chapter 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.
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.
CHAPTER 109A ?SEXUAL ABUSE 2242. Sexual abuse. 2243. Sexual abuse of a minor, a ward, or an individual in Federal custody.