18 U.S. Code § 2243 – Sexual Abuse of a Minor or Ward
Like State Law, the United States Criminal Code has specific provisions outlining prosecution and punishment requirements for a Defendant accused of having sexual relations with a minor. What differentiates Federal Law from State Law is the age of consent. In a Federal Prosecution, the age of consent is only 16 years old, versus a Texas Prosecution where the age of consent is 17. Another differentiation between Federal and State law is the knowledge requirement on the part of the Defendant. The Federal Law allows for evidence to be submitted by the Defense to show that the Defendant had a reasonable belief the victim had achieved the age of consent, whereas Texas does not allow for this provision. If you’re being investigated or charged with Sexual Abuse of a Minor or Ward, contact our office immediately for a case review.
Law
Sexual Abuse of a Minor – Whoever knowingly engages or attempts to engage in a sexual act with a person who:
- Is between the ages of 12-16; AND
- Is at least 4 years younger than the person engaging;
In a government prosecution for Sexual Abuse of a Minor, The Government need not prove that the Defendant knew the actual age of the victim nor the requisite age difference between them.
Sexual Abuse of a Ward – Whoever knowingly engages in a sexual act with another person who is:
- In Official Detention; and
- Under the custodial supervision of the person so engaging.
Defenses to Prosecution
It is a Defense to Prosecution of Sexual Abuse of a Minor if the Defense can prove by a preponderance of the evidence that the Defendant reasonably believed the other person had obtained the age of 16 years.
It is a Defense to Prosecution if the Defense can establish that the persons engaging in the sexual act were at the time, married to each other.
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. Whereas a state charge for Sexual Assault of a Child carries a specific year-based range of punishment, Federal Sentencing is determined in months, not years. 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 Charges?
If you’re the subject of an investigation or are facing criminal charges for Sexual Abuse of a Minor or Ward, 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