Sec. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL MISCONDUCT

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## SEC. 1202 PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL MISCONDUCT ###

(a)Amendment ####

(1)In general Chapter 13 of title 18, United States Code, is amended by adding at the end the following: > > ## “SEC. 250 Penalties for civil rights offenses involving sexual misconduct > > **[**[18 U.S.C. 250](/us/usc/t18/s250)**]** > > > ### “(a) Offense > > 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. > > > ### “(b) Penalties > > Any person who violates subsection

(a)shall be— > > > #### “(1) > > 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; > > > #### “(2) > > 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; > > > #### “(3) > > 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; > > > #### “(4) > > 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— > > > ##### “(A) > > fined under this title and imprisoned for not more than 10 years; and > > > ##### “(B) > > if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; > > > #### “(5) > > in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)— > > > ##### “(A) > > fined under this title and imprisoned for not more than 3 years; and > > > ##### “(B) > > if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and > > > #### “(6) > > 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— > > > ##### “(A) > > fined under this title and imprisoned for not more than 2 years; and > > > ##### “(B) > > if the offense involves a child under the age of 12, imprisoned for not more than 10 years.” > . ####

(2)Technical and conforming amendment **[**[18 U.S.C. 241](/us/usc/t18/s241)**]** 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.” ". ###

(b)Sexual Abuse Section 2242 of title 18, United States Code, is amended— ####

(1)in paragraph (1), by striking “or” at the end; ####

(2)in paragraph (2)(B), by inserting “or” after the semicolon; and ####

(3)by inserting after paragraph

(2)the following: > > #### “(3) > > engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;” > . ###

(c)Sexual Abuse of a Minor, a Ward, or an Individual in Federal Custody ####

(1)In general Section 2243 of title 18, United States Code, is amended— #####

(A)by striking the section heading and inserting “Sexual abuse of a minor, a ward, or an individual in Federal custody”; #####

(B)by redesignating subsections

(c)and

(d)as subsections

(d)and (e), respectively; and #####

(C)by adding after subsection

(b)the following: > > ### “(c) Of an Individual in Federal Custody > > 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.” > . ####

(2)Clerical amendment **[**[18 U.S.C. 2241](/us/usc/t18/s2241)**]** 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.” ". ###

(d)Abusive Sexual Contact Section 2244(a) of title 18, United States Code, is amended— ####

(1)in paragraph (4), by striking “or” at the end; ####

(2)in paragraph (5), by striking the period at the end and inserting “; or”; and ####

(3)by adding at the end the following: > > #### “(6) > > 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;” > ; ###

(e)Definition Section 2246 of title 18, United States Code, is amended— ####

(1)in paragraph (5), by striking “and” at the end; ####

(2)in paragraph (6), by striking the period at the end and inserting “; and”; and ####

(3)by inserting after paragraph

(6)the following: > > #### “(7) > > 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