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.