What this charge covers
Section 2243 of Title 18 makes it a federal crime to engage in a sexual act with a minor in certain age circumstances, or with a ward held in official detention, in places under federal authority. It has two main parts that matter here. Subsection (a) covers a minor aged 12 to 16. Subsection (b) covers a ward, meaning a person in official detention who is under the accused person's authority. A third part, subsection (c), added in 2022, covers a federal law enforcement officer who engages in a sexual act with a person who is under arrest, under supervision, in detention, or in federal custody.
This page focuses on the minor and ward charges, which are the ones most often filed. If you are reading this because you or a family member has been arrested or contacted by investigators, the most important thing to know is that these cases turn on precise facts: exact ages, the exact age gap, where the conduct happened, and what kind of touching the government claims occurred. Small differences in those facts can change which statute applies and which guideline controls the sentence. The penalties described below are maximums set by law, not predictions, and the facts of a case change everything.
For context on how these cases fit within the broader group of federal sex offenses, see the federal sex crimes overview.
The minor charge: what the government must prove
Subsection (a) punishes anyone who, in federal jurisdiction described below, commits this act:
"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"
The other person must meet two age conditions:
"(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;"
Anyone who does this, or who attempts to do it, faces the penalty stated at the end of the subsection:
"or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both."
The Ninth Circuit's model jury instructions break the completed minor offense into four elements the government must prove beyond a reasonable doubt: the defendant knowingly engaged in a sexual act with the named person, that person was 12 to 16, that person was at least four years younger than the defendant, and the offense happened in a place of federal jurisdiction. That same instruction tells jurors: "The government need not prove that the defendant knew the age of [name of victim] or that the defendant knew that [name of victim] was at least four years younger than the defendant." That last point surprises many people, and it is one reason early legal advice matters so much.
Two features of the minor charge deserve emphasis because they appear on no other page on this site. First, the four-year age gap is itself an element. If the government cannot prove the gap, the subsection (a) charge fails even if the ages are otherwise within range. Second, the government does not have to prove knowledge of age at all. Section 2243(e) states this directly: "the Government need not prove that the defendant knew" either "(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."
The ward charge: what the government must prove
Subsection (b) covers a different situation. It punishes anyone who, in the same federal jurisdiction, "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;"
The penalty is the same as for the minor charge: "or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both."
The Ninth Circuit's model jury instructions state the ward offense as three elements: the defendant knowingly engaged in a sexual act with the named person, that person was in official detention in a place of federal jurisdiction at the time, and that person was under the custodial, supervisory or disciplinary authority of the defendant at the time. Notice what is missing: there is no age element and no age gap. The ward charge can involve an adult. What makes it a crime is the combination of detention and authority. A guard and a detained person, a supervisor and a person in custody under that supervisor's control: those relationships are the core of subsection (b).
The term official detention has a precise statutory meaning. It includes "detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense", along with detention after surrender, charge, conviction, or commitment as a material witness, and custody for purposes incident to that detention such as transport, medical care, court appearances, work, and recreation. It does not include ordinary supervision after release on bail, probation, or parole. Whether a person was in official detention at the exact time of the alleged act is often contested, and records of custody status, transport logs, and lines of authority can decide the issue.
What counts as a sexual act, and what does not
Both subsections require a sexual act, a term section 2246 defines in four parts. The definition covers "contact between the penis and the vulva or the penis and the anus", contact between the mouth and the penis, vulva, or anus, penetration of the anal or genital opening by a hand, finger, or object with a stated abusive or sexual intent, and "the intentional touching, not through the clothing, of the genitalia of another 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".
The neighboring offense of abusive sexual contact, covered on our abusive sexual contact page, uses a different defined term. Sexual contact means "the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person". The practical difference matters: touching through clothing, or touching the breast, groin, inner thigh, or buttocks, is contact rather than a sexual act, and it is charged under section 2244 with far lower maximums. When the facts involve contact that would have violated subsection (a) or (b) of section 2243 had it been a sexual act, the maximum is "imprisoned not more than two years, or both". Defense counsel in a 2243 case therefore examine exactly what kind of touching the evidence shows, because the line between a sexual act and sexual contact can be the line between a 15-year maximum and a 2-year maximum.
Where the law applies
Section 2243 is not a general federal law that applies everywhere. The conduct must occur in the special maritime and territorial jurisdiction of the United States, in a federal prison, or in a prison, institution, or facility where people are held in custody by direction of or under a contract or agreement with the head of a federal department or agency. In practice this means military installations, national parks and other federal land, federal detention facilities, and contract facilities holding federal detainees. Cases arising in Indian country also reach federal court through related jurisdictional laws. If the location was a state jail holding only state prisoners, or a private place with no federal connection, section 2243 may not fit, and state law may control instead. Jurisdiction is an element the government must prove, not a technicality, and it should be tested in every case.
Penalties
Each count under subsection (a) or (b) carries up to 15 years in prison, a fine under Title 18, or both. For an individual convicted of a felony, the fine statute allows "for a felony, not more than $250,000", and the general fine provisions can alternatively tie the amount to gain or loss. There is no mandatory minimum term of imprisonment in section 2243 itself. That distinguishes it sharply from its neighbor, aggravated sexual abuse of a child under 12, which carries not less than 30 years or life, as explained on our aggravated sexual abuse page.
Prison time is not the whole punishment. A conviction under section 2243 triggers a term of supervised release of "any term of years not less than 5, or life" under section 3583(k). Supervised release follows prison and carries conditions that can restrict where a person lives, works, and travels, and any violation can send the person back to prison. A conviction can also trigger sex offender registration duties and restrict future employment, housing, and immigration status. These follow-on consequences often matter as much as the prison term, and they should be part of any honest discussion of what a charge means.
There is also no time limit problem the government has to work around. Federal law states that "an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A", the chapter that contains section 2243. Allegations from years earlier can still be charged. That makes preserving records, messages, travel documents, and witness names urgent from the start.
All of these figures are statutory maximums or ranges set by law. They are not predictions about what any person will receive.
How a sentence is calculated under the guidelines
Two different guidelines apply to the two halves of this page, which is unusual and is the first thing a sentencing lawyer checks. The Statutory Index in the 2025 Guidelines Manual sends a violation of section 2243(a) to guideline 2A3.2 and violations of section 2243(b) and the newer section 2243(c) to guideline 2A3.3.
For the minor charge, guideline 2A3.2, titled Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape), starts at "Base Offense Level: 18". Three specific enhancements can apply. If the minor was in the custody, care, or supervisory control of the defendant, the level goes up by 4. If that custody enhancement does not apply and the offense involved misrepresenting identity to persuade the minor or otherwise unduly influencing the minor, the level goes up by 4. And if "a computer or an interactive computer service was used to persuade, induce, entice, or coerce the minor to engage in prohibited sexual conduct, increase by 2 levels." The guideline commentary explains that the custody enhancement is meant to apply broadly whenever the minor was entrusted to the defendant, temporarily or permanently, and gives teachers, day care providers, and baby-sitters as examples.
For the ward charge, guideline 2A3.3 starts at the same place, "Base Offense Level: 18", but its enhancements are narrower: 2 levels for knowing misrepresentation of identity to persuade a minor, and 2 levels for use of a computer or interactive computer service to persuade a minor. There is no custody enhancement in 2A3.3 because custody and authority are already the heart of the ward offense.
Both guidelines contain a cross reference that can raise the sentence steeply. If the offense involved criminal sexual abuse as defined in section 2241 or 2242, meaning force, threats, drugging, or rendering the victim unconscious, the court must "apply §2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse)", whose base level is 30, or 38 for the most serious child cases. In plain terms, a case charged as a 2243 minor or ward offense but involving force can be sentenced as though it were the far more serious aggravated offense. The related guideline for general federal sexual abuse charges, section 2A3.1, is where those higher levels live.
These enhancements stack fast enough that the calculated range can exceed the 15-year statutory maximum. When that happens, guideline 5G1.1 provides that "Where the statutorily authorized maximum sentence is less than the minimum of the applicable guideline range, the statutorily authorized maximum sentence shall be the guideline sentence." The maximum caps the sentence. A defendant with a prior sex offense conviction can also face guideline 4B1.5 for repeat and dangerous sex offenders against minors, which raises the offense level, the criminal history category, or both where there is a prior sex conviction or "a pattern of activity involving prohibited sexual conduct".
Two cautions from the site's own compliance rules apply with special force here. First, the guideline calculation is a starting point, not a sentence. In fiscal year 2025, the Sentencing Commission reported that "52% of sentences for sexual abuse were under the Guidelines Manual", with "44% were downward variances", and that "The average sentence for individuals convicted of statutory rape was 51 months", far below the 180-month maximum. Courts depart or vary below the range in this area at high rates, and any discussion of likely outcomes must reflect that alongside the steep enhancements. Second, averages describe past cases, not yours. For how the range, departures, and variances fit into the larger sentencing process, see our federal sentencing page.
Defenses that arise under this statute
Every defense depends on the facts, and none guarantees any result. With that understood, the defenses below are the ones that actually arise in section 2243 cases.
Reasonable belief about age. Section 2243(d) provides that "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." The Ninth Circuit's model jury instructions put it this way: "It is a defense to the charge of [attempted] sexual abuse of a minor that the defendant reasonably believed that the minor had reached the age of sixteen." And: "The defendant has the burden of proving that it is more probably true than not true that the defendant reasonably believed that the minor had reached the age of sixteen." Three limits matter. The defense applies only to the minor charge under subsection (a), never to the ward charge. The defendant carries the burden, by more-likely-than-not proof. And what counts as reasonable turns on concrete facts: what the person said and did, where they met, what identification or statements existed, and what the defendant actually knew.
Attacking the age gap. Because the four-year difference is an element of subsection (a), birth dates and the calendar can end a case. Exact dates of birth for both people and the exact date of the alleged conduct must be proved. Where the gap is close to four years, day-by-day calculation matters.
Denying the sexual act. The government must prove a sexual act as defined above, not merely sexual contact and not merely opportunity or presence. Medical evidence, statements, and the consistency of accounts all bear on this. Where the evidence shows at most touching through clothing, the proper charge may be abusive sexual contact under section 2244 rather than section 2243, with a 2-year rather than 15-year maximum.
Contesting detention and authority in ward cases. Subsection (b) requires both official detention and authority over the detained person at the time. Custody records may show the person had been released, transferred, or was held by a different agency. Staffing records and chains of command may show the accused had no custodial, supervisory, or disciplinary role over that person. Either gap defeats the charge.
Contesting jurisdiction. The government must prove the place was federal ground, a federal prison, or a contract facility holding people for a federal agency. Leases, contracts, and boundary evidence can be tested.
Challenging attempts. Section 2243 punishes attempts the same as completed acts, but attempt still requires proof of intent plus a substantial step. The Ninth Circuit's model jury instructions for attempted sexual abuse of a minor require that "the defendant did something that was a substantial step toward committing the crime and that strongly corroborated the defendant's intent to commit the crime", and explain that mere preparation is not enough. Abandoned plans, vague messages, and conduct consistent with innocent purposes can all be relevant.
How this charge differs from its closest neighbors
Section 2243 sits between more and less serious offenses, and the boundaries decide the maximum by orders of magnitude.
Above it stands aggravated sexual abuse under section 2241. That statute requires force ("by using force against that other person"), threats ("by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping"), drugging or unconsciousness, or a victim under 12. Its penalties reach life, and for victims under 12 the sentence "shall be fined under this title and imprisoned for not less than 30 years or for life". If the government's evidence includes force or threats, expect pressure to charge or cross reference to the higher offense. If it does not, the absence of force is itself a meaningful fact at sentencing under 2A3.2.
Alongside it stands sexual abuse under section 2242, which covers causing a sexual act by threat or fear short of death or serious injury, or with a person incapable of consent. Many cases that look like 2243 minor charges on first glance are evaluated for 2242 features, and the guidelines cross reference both to 2A3.1 when those features are present.
Below it stands abusive sexual contact under section 2244, the contact rather than sexual-act offense, with maximums of 10 years, 3 years, or 2 years depending on which section the contact parallels. Where the alleged conduct would have violated subsection (a) or (b) of section 2243 had it been a sexual act, the contact maximum is 2 years. Negotiations in this area often focus on exactly this boundary.
If you are facing this charge
Do not talk to investigators without counsel, do not contact the other person involved, and do not delete messages, photos, or records. Deletion can become its own charge and destroys material your lawyer needs. Write down, privately for your lawyer, the timeline as you remember it: dates, places, who was present, and what was said. Gather identification documents, custody or employment records if authority is at issue, and any communications that show ages, beliefs about ages, or the nature of the relationship. Ask counsel about pretrial release, protective orders, registration consequences, and employment or military effects, because those issues move on faster tracks than the trial itself. The facts of a case change everything, and early, careful work preserves the options the law provides.