Federal sexual abuse charges

What does the law make illegal?

These laws use two defined terms (18 U.S.C. § 2246). A sexual act means penetration, however slight, or oral contact with the genitals or anus, or the intentional touching, not through clothing, of the genitals of a person under 16 with a sexual or abusive intent. Sexual contact means intentionally touching, directly or through clothing, the genitals, anus, groin, breast, inner thigh or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire.

Where federal sexual abuse laws apply

Except for the interstate-travel part of § 2241(c), each of these laws requires proof that the offense happened in a place under federal authority. That is an element the government must prove beyond a reasonable doubt. The places are:

• The special maritime and territorial jurisdiction of the United States (18 U.S.C. § 7). This includes federal land under exclusive or concurrent federal jurisdiction, such as many military bases, some national parks and other federal enclaves; some U.S. ships and aircraft; and, for offenses by or against U.S. nationals, U.S. missions abroad.
• Federal prisons, and any prison or facility holding people under a contract or agreement with a federal agency. This includes many private prisons and local jails holding federal prisoners.
• Indian country (18 U.S.C. § 1151), meaning reservations, dependent Indian communities and Indian allotments. Under the Major Crimes Act, an Indian who commits a felony under these laws in Indian country is prosecuted under the same federal law as anyone else (18 U.S.C. § 1153). Under 18 U.S.C. § 1152, federal law also generally applies to crimes by non-Indians against Indians there.

In McGirt v. Oklahoma, 591 U.S. 894 (2020), the Supreme Court held that the Creek Reservation in Oklahoma remains Indian country under the Major Crimes Act. In Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), the Court held that the federal government and the state both have authority to prosecute crimes by non-Indians against Indians in Indian country.

Aggravated sexual abuse, 18 U.S.C. § 2241

In a covered place, it is a crime to knowingly cause another person to engage in a sexual act, or to try to (18 U.S.C. § 2241):

• By force (§ 2241(a)(1)) or by threatening or placing the person in fear that anyone will be killed, seriously injured or kidnapped (§ 2241(a)(2)).
• By other means (§ 2241(b)): by making the person unconscious, or by giving the person a drug or intoxicant by force or threat, or without their knowledge or permission, that substantially impairs their ability to judge or control their conduct.
• With a child (§ 2241(c)): a sexual act with a child under 12, or a sexual act by force or the other means above with a child who is 12 to 15 and at least 4 years younger. It is also a crime to cross a state line intending a sexual act with a child under 12. The government doesn't have to prove the person knew the child was under 12 (§ 2241(d)).

Sexual abuse, 18 U.S.C. § 2242

In a covered place, it is a crime to knowingly (18 U.S.C. § 2242):

• Cause someone to engage in a sexual act by threats or fear, other than the threats of death, serious injury or kidnapping covered by § 2241.
• Engage in a sexual act with a person who can't understand the nature of the conduct, or who is physically unable to decline or to say they are unwilling.
• Engage in a sexual act without the other person's consent, including through coercion. Congress added this part in 2022.

Sexual abuse of a minor, a ward, or a person in federal custody, 18 U.S.C. § 2243

These offenses don't require force or a lack of consent (18 U.S.C. § 2243). In a covered place, it is a crime to knowingly engage in a sexual act:

• With a minor (§ 2243(a)) who is 12 to 15 and at least 4 years younger. The government doesn't have to prove the person knew the minor's age or the age difference (§ 2243(e)). But it is a defense if the person proves, by a preponderance of the evidence, that they reasonably believed the minor was at least 16 (§ 2243(d)).
• With a ward (§ 2243(b)): a person in official detention who is under the custodial, supervisory or disciplinary authority of the person charged. It is often used when prison staff have sex with a prisoner.
• With a person in federal custody (§ 2243(c)): a federal law enforcement officer, acting in that role, who engages in a sexual act with someone who is under arrest, under supervision, in detention or in federal custody. This part was added in 2022.

Abusive sexual contact, 18 U.S.C. § 2244

Section 2244 covers sexual contact (touching) in the same situations that §§ 2241 to 2243 cover for sexual acts, with lower penalties, and adds a general offense: knowingly engaging in sexual contact with another person in a covered place without that person's permission (18 U.S.C. § 2244). If the contact is with a child under 12, the maximum is doubled, except where it is already life (§ 2244(c)).

Sexual abuse resulting in death, 18 U.S.C. § 2245

A person who murders someone in the course of an offense under these laws faces death or any term of years up to life (18 U.S.C. § 2245).

Other federal sex offenses

Child pornography, online enticement, travel and registration offenses apply anywhere; see federal sex offenses.

What are the penalties?

• Repeat offenses: after a prior sex offense conviction, the maximum for any of these laws is doubled (18 U.S.C. § 2247). A person convicted of a federal sex offense against a minor, including §§ 2241, 2242 and 2244(a)(1), who has a prior sex conviction in which a minor was the victim must be sentenced to life (18 U.S.C. § 3559(e)).
• Supervised release: at least 5 years and up to life after prison (18 U.S.C. § 3583(k)).
• Restitution: mandatory, for the full amount of the victim's losses, such as medical and counseling costs and lost income (18 U.S.C. § 2248).
• Special assessments: $100 per felony count (18 U.S.C. § 3013), plus $5,000 per count for a person who is not indigent (18 U.S.C. § 3014).
• No time limit: a felony under these laws can be charged at any time (18 U.S.C. § 3299).
• Registration: generally required; see federal sex offenses.

How does sentencing work for this charge?

Offenses under §§ 2241 and 2242 are sentenced under USSG §2A3.1. The base offense level is 38 for a § 2241(c) conviction and 30 otherwise. Then:

• +4 if the offense involved force, threats of death or serious injury, or drugging (conduct described in § 2241(a) or (b)) (§2A3.1(b)(1)).
• If the base level is 30: +4 if the victim was under 12, or +2 if the victim was 12 to 15 (§2A3.1(b)(2)).
• +2 if the victim was in the person's custody, care or supervisory control, or was held in a correctional facility (§2A3.1(b)(3)).
• +2, +3 or +4 depending on the seriousness of any bodily injury (§2A3.1(b)(4)), and +4 if the victim was abducted (§2A3.1(b)(5)).
• +2 if a false identity or a computer was used to persuade a minor (§2A3.1(b)(6)).

Other rules that often apply

• Repeat and dangerous sex offender against minors (USSG §4B1.5): with a minor victim and a prior sex offense conviction, the offense level is at least a table level tied to the statutory maximum (37 for a life maximum) and the criminal history category is at least V. For a "pattern" of prohibited sexual conduct with a minor on two or more occasions, 5 levels are added, with a floor of 22.
• No zero-point reduction: the 2-level reduction for people with no criminal history points doesn't apply to a sex offense (USSG §4C1.1(a)(5)).
• Supervised release length: since November 1, 2025, the Guidelines ask the judge to make an individualized decision about the length of supervised release, within the 5-years-to-life range Congress set (USSG §5D1.2).

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

How do these cases usually start and move?

Most cases begin with a report to tribal police, the Bureau of Indian Affairs, military police or prison staff. The FBI investigates most Indian country cases. Agents usually interview the person who made the report, gather medical and physical evidence, and ask the accused for an interview. Children are often interviewed at a child advocacy center.

If the case involves a minor victim under § 2241, § 2242, § 2244(a)(1) or § 2245, the law presumes the person should be held until trial, though the person can try to rebut that presumption (18 U.S.C. § 3142(e)(3)(E)).

Special evidence rules apply at trial. Evidence of the alleged victim's other sexual behavior or sexual predisposition is generally not allowed, with narrow exceptions (Fed. R. Evid. 412). But the government may be allowed to offer evidence that the accused committed another sexual assault or child molestation, for any relevant purpose, after giving notice at least 15 days before trial (Fed. R. Evid. 413, 414).

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Federal jurisdiction. Did it happen in Indian country, on land under federal jurisdiction, or in a covered facility? In Indian country cases, is the accused or the alleged victim an Indian under the law? These are elements the government must prove.
• Which law fits. Did the evidence show force or a threat of death or serious injury (§ 2241), other threats, incapacity or lack of consent (§ 2242), or only an age or custody relationship (§ 2243)? The difference can mean years or decades.
• Consent and capacity. Under §§ 2241 and 2242, what does the evidence show about consent, force, and the person's ability to understand or decline?
• Age. Under § 2243(a), was there a reasonable belief that the minor was at least 16?
• Statements. Was the interview voluntary, with Miranda warnings when required?
• The evidence. How were child interviews conducted, and what do medical, DNA and phone records actually show?
• Evidence rules. What other-act evidence comes in under Rules 413 and 414, and what is allowed under Rule 412?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

A conviction under these laws brings supervised release of at least 5 years and usually sex offender registration. A person on supervised release who is required to register and commits certain new sex crimes faces mandatory revocation under 18 U.S.C. § 3583(k). See supervised release violations.

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.