Kidnapping; sexual abuse; illicit sexual conduct with respect to minors

(a)

In general

Part I of title 18, United States Code, is amended—(1)in section 1201—(A)in subsection (a), in the matter preceding paragraph (1), by inserting obtains by defrauding or deceiving any person, after abducts,; (B)in subsection (b), by inserting obtained by defrauding or deceiving any person, after abducted,; and (C)in subsection (g), by adding at the end the following:

(2)

Defense

For an offense described in this subsection involving a victim who has not attained the age of 16 years, it is not a defense that the victim consented to the conduct of the offender, unless the offender can establish by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16 years.

;

(2)in chapter 109A—(A)in section 2241(c), by striking crosses a State line and inserting travels in interstate or foreign commerce;(B)in section 2242(3), by striking , to include doing so and inserting or;(C)in section 2243, by adding at the end the following:

(f)

Intentional touching involving individuals under the age of 16

(1)

Offense

It shall be unlawful, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, to knowingly cause the intentional touching, not through the clothing, of the genitalia of any person by a person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or attempt to do so, if to do so would violate subsection (a), (b), or (c) of this section, section 2241, or section 2242 had such intentional touching been a sexual act.(2)

Penalty

Any person who violates paragraph (1) shall be fined under this title, imprisoned as provided in the applicable provision of law described in that paragraph, or both.

; and

(D)in section 2244—(i)in subsection (a)—(I)by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and adjusting the margins accordingly;(II)by striking Whoever and inserting the following:

(1)

In general

Whoever

;

(III)in paragraph (1), as so designated—(aa)in the matter preceding subparagraph (A), as so redesignated, by striking if so to do and inserting if to do so;(bb)in subparagraph (A), as so redesignated, by striking ten and inserting 10;(cc)in subparagraph (B), as so redesignated, by striking three and inserting 3;(dd)in subparagraph (C), as so redesignated, by striking two and inserting 2;(ee)in subparagraph (D), as so redesignated, by striking two and inserting 2; and(ff)in subparagraph (F), as so redesignated, by striking the semicolon at the end and inserting a period; and(IV)by adding at the end the following:

(2)

Attempt

Whoever attempts to commit an offense under paragraph (1) shall be subject to the same penalty as for a completed offense.

;

(ii)in subsection (b)—(I)by inserting or causes after engages in;(II)by inserting or by after sexual contact with;(III)by inserting , or attempts to do so, after other person’s permission; and(IV)by striking two and inserting 2; and(iii)in subsection (c), by striking If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual and inserting If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual; and(3)in section 2423(g)(1)—(A)by striking a sexual act (as defined in section 2246) with and inserting any conduct involving; and(B)by striking sexual act occurred and inserting conduct occurred.(b)

Effective date

The amendment to section 2241(c) of title 18, United States Code, made by subsection (a) shall apply to conduct that occurred before, on, or after the date of enactment of this Act.

Conforming amendments relating to abusive sexual contact

(a)

Penalties for civil rights offenses involving sexual misconduct

Section 250(b) of title 18, United States Code, is amended—(1)in paragraph (2), by striking section 2244(a)(5), and inserting section 2244(a)(1)(E), or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2),;(2)in paragraph (4), in the matter preceding subparagraph (A), by striking subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing and inserting section 2244(a)(1)(A), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b), but excluding abusive sexual contact through the clothing or an attempt to engage in or cause such contact;(3)in paragraph (5), in the matter preceding subparagraph (A), by striking section 2244(a)(2) and inserting section 2244(a)(1)(B) or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2); and(4)in paragraph (6), in the matter preceding subparagraph (A), by striking subsection (a)(3), (a)(4), or (b) of section 2244 and inserting subparagraph (C) or (D) of section 2244(a)(1), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b).(b)

Sentencing classification of offenses

Section 3559 of title 18, United States Code, is amended—(1)in subsection (c)(2)(F)(i), by striking sections 2244(a)(1) and (a)(2) and inserting subparagraphs (A) and (B) of section 2244(a)(1); and(2)in subsection (e)(2)(A), by striking 2244(a)(1) and inserting 2244(a)(1)(A).