Sec. 1202. Penalties for civil rights offenses involving sexual misconduct
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Chapter 13 of title 18, United States Code, is amended by adding at the end the following: It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act ( 42 U.S.C. 3631 ), engage in, or cause another to engage in, sexual misconduct. Any person who violates subsection
(a)shall be— in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life; in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life; in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years; in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or
(b)of section 2244, but excluding abusive sexual contact through the clothing— fined under this title and imprisoned for not more than 10 years; and if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)— fined under this title and imprisoned for not more than 3 years; and if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or
(b)of section 2244— fined under this title and imprisoned for not more than 2 years; and if the offense involves a child under the age of 12, imprisoned for not more than 10 years. . The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following: 250. Penalties for civil rights offenses involving sexual misconduct. . Section 2242 of title 18, United States Code, is amended— in paragraph (1), by striking or at the end; in paragraph (2)(B), by inserting or after the semicolon; and by inserting after paragraph
(2)the following: engages in a sexual act with another person without that other person’s consent, to include doing so through coercion; . Section 2243 of title 18, United States Code, is amended— by striking the section heading and inserting ; Sexual abuse of a minor, a ward, or an individual in Federal custody by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and by adding after subsection
(b)the following: 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. . The table of sections for chapter 109A of title 18, United States Code, is amended by striking the item relating to section 2243 and inserting the following: 2243. Sexual abuse of a minor, a ward, or an individual in Federal custody. . Section 2244(a) of title 18, United States Code, is amended— in paragraph (4), by striking or at the end; in paragraph (5), by striking the period at the end and inserting ; or ; and by adding at the end the following: subsection
(c)of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; ; Section 2246 of title 18, United States Code, is amended— in paragraph (5), by striking and at the end; in paragraph (6), by striking the period at the end and inserting ; and ; and by inserting after paragraph
(6)the following: the term Federal law enforcement officer has the meaning given the term in section 115. .
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Sec. 1202
Penalties for civil rights offenses involving sexual misconduct
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