Abusive Sexual Contact I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

18 U.S. Code § 2244 – Abusive Sexual Contact

In Chapter 18 Section 2244 of the United States Criminal Code, the Legislature for the United States has defined and outlined ranges of punishment for the sexual offenses also covered in this chapter, specifically where the action is merely sexual contact, not full on penetrative sexual assault. Sexual Contact is defined by the code as “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;”

These definitions allow for specific maximums to be set for each individual, while still allowing the United States Probation Department to compute “Offense Levels” to be used in conjunction with the Federal Sentencing Guidelines.

Federal Law

• Whoever knowingly engages in or causes “sexual contact” with or by another person is subject to the following ranges of punishment:

1. 2241 – Aggravated Sexual Abuse by Contact
   • A person convicted of Aggravated Sexual Abuse by Contact shall be fined and/or imprisoned for a maximum of 120 months (10 years).

2. 2241 – Aggravated Sexual Abuse of a Child by Contact
   • A person convicted of Aggravated Sexual Abuse of a Child by Contact under the age of 16 can be find and/or sentenced to any term of months up to life in prison.

3. 2242 – Sexual Abuse by Contact
   • A person convicted of Sexual Abuse by Contact shall be fined and/or imprisoned for a maximum of 36 months (3 years).

4. 2243 – Sexual Abuse of a Child by Contact
   • A person convicted of Sexual Abuse of a Child by Contact shall be find and/or sentenced for a maximum of 24 months (2 years).

5. 2243 – Sexual Abuse of a Ward by Contact
   • A person convicted of Sexual Abuse of a Ward by Contact shall be fined and/or sentenced for a maximum of 24 months (2 years).

6. Offenses Involving Young Children
   • The United States code makes a special exception to the range of punishment if the victim of the offense is a child under the age of 12, noting that if the individual assaulted has not obtained the age of 12, the maximum term of imprisonment that may be imposed shall be doubled as otherwise provided.

Range of Punishment

• Unlike State Sentencing, the Federal Sentencing Guidelines carry a wider range of punishment that is determined based on the specific factors of the alleged offense. The Federal Sentencing Guidelines have a table that allows for the calculation of a specific sentence based on a Defendant’s “Offense Level”. Once the final offense level and criminal history level is determined, a judge will have a specific month-based range of punishment available for sentencing.

The United States Code specifies that anyone found guilty of Sexual Abuse of a Minor or Sexual Abuse of a Ward can be fined and/or sentenced up to 180 months (15 years) in prison.

When determining the “offense level” and range of punishment,  the US Probation department will look at a variety of factors. These include:

• The Age of the Victim;
• The Severity of the Offense;
• Whether a Weapon was Used;
• Whether Drugs were Used;
• Whether an Injury Resulted;
• Severity of any Injury;
• And many others….

Another differentiation from State Court is that the Federal system does not allow for early release or “parole”. This means that the Defendant, once convicted and sentenced, will be required to serve the entirety of their sentence. The only exceptions for this include a drug rehabilitation departure

Sexual Abuse carries a specific clause under the United States Code making an exception to the Federal Sentencing Guidelines if the victim is a child under the age of 12, or if violence was used against a child under the age of 16. If either of these elements are met, then the punishment range automatically becomes 30 years to life in prison. If the Defendant has previously been convicted of a sex crime against children, whether that crime is State or Federal, then the sentence is automatically life in Prison.

Sex Offender Registration

Sex offender registration can involve many conditions. They are dictated primarily by the court or presiding judge in which the suspect was convicted, or parole board at the time of the prisoner’s release. These conditions vary based on the individual offender. Many (but not all) of these restrictions govern:

• Where the registrant can live and work;
• Places they may and may not frequent (like types of restaurants, parks, and other entertainment venues);
• Counties and states they can visit (other than the one in which they are registered, and how long they can remain out of their registered county);
• And whom they may contact or associate with;

If convicted of a felony sex crime, restrictions are also placed on several of your civil rights and activities such as:

• Right to Vote
• Right to Hold Public Office
• Right to Bear Arms
  • This restriction lasts for five years after release from prison. And it can last longer if you do not go through the process of having your gun rights restored. But even then you can only possess firearms in your residence, and may not carry a gun beyond your residential property.
• Ability to Serve on a Jury
  • Convicted felons lose the right to serve on any jury for the rest of their lives.

There are additional restrictions placed on many occupations and professional licenses anyone convicted of a child-related sex offense may hold. This seriously limits their ability to earn a good living, and where they are allowed to live or frequent once they are released from prison.

Are You Facing Criminal Charges?

If you’re the subject of an investigation or are facing criminal charges, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and we’ll review your case thoroughly.

Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges involving children.

Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.

Resources

• Texas Penal Code Chapter 21: Sexual Offenses
• United States Code – Sex Crimes
• Houston Chronicle: Texas Sex Abuse Exonerations
• HPD: Sex Crimes Division
• Reason: False Sex Crime Accusations Destroys Family, Legally
• Harris County DA: Victim Resources
• Office for Victims of Crimes