FEDERAL SEX CRIMES

FEDERAL SEX CRIMES

 

 

AGGRAVATED SEXUAL ABUSE (18 U.S.C. § 2241(A))

 

For a person to be found guilty of Aggravated Sexual Abuse (18 U.S.C. § 2241(a)) the prosecution must prove: (1) The defendant knowingly [used force] [threatened or placed the accuser in fear that some person would be subject to death, serious bodily injury or kidnapping] to cause the accuser to engage in a sexual act; and (2) the offense was committed at a place of federal jurisdiction

 

AGGRAVATED SEXUAL ABUSE— ADMINISTRATION OF DRUG, INTOXICANT OR OTHER SUBSTANCE (18 U.S.C. § 2241(b)(2))

 

For a person defendant to be found guilty of Aggravated Sexual Abuse— Administration of Drug, Intoxicant or Other Substance (18 U.S.C.

  • 2241(b)(2)), the prosecution must prove: (1) The defendant knowingly administered a drug, intoxicant or other similar substance to a person by force or threat of force] without the knowledge or permission of the person

(2) As a result, the person’s ability to judge or control conduct was substantially impaired; (3) The defendant then engaged in a sexual act with the accuser; and (4) The offense was committed at a place of federal jurisdiction].

 

AGGRAVATED SEXUAL ABUSE OF CHILD (18 U.S.C. § 2241(c))

 

To prove a person guilty of Aggravated Sexual Abuse of Child (18 U.S.C. § 2241(c)) the prosecution must prove: (1) the defendant knowingly engaged in a sexual act with a person; (2) at the time, person was under the age of twelve years; and (3) the defendant crossed a state line with the intent to engage in a sexual act with a person who was under the age of twelve years [the offense was committed at a place of federal jurisdiction].

 

SEXUAL ABUSE—BY THREAT (18 U.S.C. § 2242(1))

 

To find a person guilty of Sexual Abuse—by Threat (18 U.S.C. § 2242(1)), the prosecution must prove (1) the defendant knowingly caused the accuser to engage in a sexual act by threatening or placing the accuser in fear; and (2) the offense was committed at a place of federal jurisdiction.

 

SEXUAL ABUSE—INCAPACITY OF VICTIM (18 U.S.C. § 2242(2))

 

To prove a person guilty of Sexual Abuse—Incapacity of Victim (18 U.S.C. § 2242(2)), the prosecution must prove: (1) the defendant knowingly engaged in a sexual act with the accuser; (2) the accuser was [incapable of appraising the nature of the conduct] [physically incapable of declining participation in, or communicating unwillingness to engage in that sexual act]; and (3) the offense was committed at a place of federal jurisdiction.

 

SEXUAL ABUSE OF MINOR (18 U.S.C. § 2243(a))

 

To prove a person guilty of Sexual Abuse of Minor (18 U.S.C. § 2243(a)), the prosecution must prove: (1) the defendant knowingly engaged in a sexual act with the accuser; Second, the accuser had reached the age of twelve years but had not yet reached the age of sixteen years; Third, the accuser was at least four years younger than the defendant; and Fourth, the offense was committed at a place of federal jurisdiction.

 

 

ABUSIVE SEXUAL CONTACT—WITHOUT PERMISSION (18 U.S.C. § 2244(b))

 

To prove a person guilty of Abusive Sexual Contact — Without Permission (18 U.S.C. § 2244(b)) the prosecution must prove: (1) the defendant knowingly had sexual contact with the accuser; (2) the sexual contact was without the accuser’s permission; and (3) the offense was committed at a place of federal jurisdiction.

 

SEXUAL EXPLOITATION OF CHILD (18 U.S.C. § 2251(a))

 

To prove a person guilty of Sexual Exploitation of Child (18 U.S.C. § 2251(a)), the prosecution must prove: (1) at the time, the accuser was under the age of eighteen years; (2) the defendant [[employed] [used] [persuaded] [coerced] the accuser to take part in sexually explicit conduct] or [had the accuser assist any other person to engage in sexually explicit conduct] or [transported the accuse] [[across state lines] [in foreign commerce] [in any Territory or Possession of the United States]] with the intent that the accuser engage in sexually explicit conduct] for the purpose of producing a visual depiction of such conduct; and (3) [the defendant knew or had reason to know that the visual depiction would be mailed or transported across state lines or in foreign commerce.] or [the visual depiction was produced using materials that had been mailed, shipped, or transported across state lines or in foreign commerce.] or [the visual depiction was mailed or actually transported across state lines or in foreign commerce.]

 

SEXUAL EXPLOITATION OF CHILD— PERMITTING OR ASSISTING BY PARENT OR GUARDIAN (18 U.S.C. § 2251(b))

 

To prove a person guilty of Sexual Exploitation of Child— Permitting or Assisting by Parent or Guardian (18 U.S.C. § 2251(b)), the prosecution must prove: (1) At the time, the accuser was under the age of eighteen years; (2) the defendant was a [parent] [legal guardian] [person having custody or control] of the accuser; (3) the defendant knowingly permitted the accuser to [engage in sexually explicit conduct] [assist any other person to engage in sexually explicit conduct] for the purpose of producing a visual depiction of such conduct; and (4) [the defendant knew or had reason to know that the visual depiction would be mailed or transported across state lines or in foreign commerce.] or [the visual depiction was produced using materials that had been mailed, shipped, or transported across state lines or in foreign commerce] or [the visual depiction was actually mailed or transported across state lines or in foreign commerce.]

 

SEXUAL EXPLOITATION OF CHILD—NOTICE OR ADVERTISEMENT SEEKING OR OFFERING (18 U.S.C. § 2251(d))

 

To prove a person guilty of Sexual Exploitation of Child—notice or Advertisement Seeking or Offering (18 U.S.C. § 2251(d)), the prosecution must prove: (1) At the time, the accuser was under the age of eighteen years; (2) the defendant knowingly [made] [printed] [published] [caused to be made] [caused to be printed] [caused to be published] a [notice] [advertisement]; (3) the [notice] [advertisement] [[sought] [offered]] [to [receive] [exchange] [buy] [produce] [display] [distribute] [reproduce] any visual depiction, if the production of the visual depiction utilized the accuser engaging in sexually explicit conduct and such visual depiction is of such conduct; and] or [participation in any act of sexually explicit conduct [by] [with] the accuser for the purpose of producing a visual depiction of such conduct; and] (4) the defendant knew or had reasons to know the [notice] [advertisement] would be transported across state lines or mailed, or such [notice] [advertisement] was actually transported across state lines or mailed.

 

SEXUAL EXPLOITATION OF CHILD— TRANSPORTATION OF CHILD PORNOGRAPHY (18 U.S.C. § 2252(a)(1))

 

To prove a person guilty of Sexual Exploitation of Child— Transportation of Child Pornography (18 U.S.C. § 2252(a)(1)), that charge, the prosecution must prove: (1) the defendant knowingly [transported] [shipped] a visual depiction in interstate commerce by any means, including a computer; (2) the production of such visual depiction involved the         use of a minor engaging in sexually explicit conduct; (3) that such visual depiction was of a minor engaged in sexually explicit conduct; (4) that      the defendant knew that such visual depiction was of sexually explicit conduct; and (5) the defendant knew that at least one of the persons engaged in sexually explicit conduct in such visual depiction was a minor.

 

SEXUAL EXPLOITATION OF CHILD— POSSESSION OF CHILD PORNOGRAPHY (18 U.S.C. § 2252(a)(4)(B))

 

To prove a person guilty of Sexual Exploitation of Child— Possession of Child Pornography (18 U.S.C. § 2252(a)(4)(B)), the prosecution must prove: (1) First, that the defendant knowingly possessed [books] [magazines] [periodicals] [films] [matters] that the defendant knew contained [a] visual depiction[s] of [a] minor[s] engaged in sexually explicit conduct; (2) the defendant knew [each] [the] visual depiction contained in the [books] [magazines] [periodicals] [films] [matters] [was of] [showed] [a] minor[s] engaged in sexually explicit conduct; (3) the defendant knew that production of such [a] visual depiction[s] involved use of a minor in sexually explicit conduct; and (4) that [each] [the] visual depiction had been either a) [mailed] [shipped] [transported] in interstate or foreign commerce, or b) produced using material that had been [mailed] [shipped] [transported] in interstate or foreign commerce [by computer [or other means].