§ 2243. Sexual abuse of a minor or ward

• (a) Whoever, 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, knowingly engages in a sexual act with another person who—
  • (1) has attained the age of 12 years but has not attained the age of 16 years; and
  • (2) is at least four years younger than the person so engaging;
• (b) Whoever, 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, knowingly engages in a sexual act with another person who is—
  • (1) in official detention; and
  • (2) under the custodial, supervisory, or disciplinary authority of the person so engaging;
• (c)
  • (1) In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years.
  • (2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.
• (d) In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew—
  • (1) the age of the other person engaging in the sexual act; or
  • (2) that the requisite age difference existed between the persons so engaging.