{"identifier":"/us/usc/t34/s30309","title":34,"num":"\u00a7\u202f30309.","heading":"Definitions","text":"\u00a7\u202f30309.\nDefinitions\nIn this chapter, the following definitions shall apply:\n(1)\nCarnal knowledge\nThe term \u201ccarnal knowledge\u201d means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight.\n(2)\nInmate\nThe term \u201cinmate\u201d means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.\n(3)\nJail\nThe term \u201cjail\u201d means a confinement facility of a Federal, State, or local law enforcement agency to hold\u2014\n(A) persons pending adjudication of criminal charges; or\n(B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.\n(4)\nHIV\nThe term \u201cHIV\u201d means the human immunodeficiency virus.\n(5)\nOral sodomy\nThe term \u201coral sodomy\u201d means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.\n(6)\nPolice lockup\nThe term \u201cpolice lockup\u201d means a temporary holding facility of a Federal, State, or local law enforcement agency to hold\u2014\n(A) inmates pending bail or transport to jail;\n(B) inebriates until ready for release; or\n(C) juveniles pending parental custody or shelter placement.\n(7)\nPrison\nThe term \u201cprison\u201d means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes\u2014\n(A) any local jail or police lockup; and\n(B) any juvenile facility used for the custody or care of juvenile inmates.\n(8)\nPrison rape\nThe term \u201cprison rape\u201d includes the rape of an inmate in the actual or constructive control of prison officials.\n(9)\nRape\nThe term \u201crape\u201d means\u2014\n(A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person\u2019s will;\n(B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person\u2019s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or\n(C) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.\n(10)\nSexual assault with an object\nThe term \u201csexual assault with an object\u201d means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person.\n(11)\nSexual fondling\nThe term \u201csexual fondling\u201d means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.\n(12)\nExclusions\nThe terms and conditions described in paragraphs (9) and (10) shall not apply to\u2014\n(A) custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape;\n(B) the use of a health care provider\u2019s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or\n(C) the use of a health care provider\u2019s hands or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.","url":"https://projectusc.org/usc/t34/s30309.html","content":[{"t":"sec","id":"/us/usc/t34/s30309","children":[{"t":"num","text":"\u00a7\u202f30309."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter, the following definitions shall apply:"},{"t":"para","id":"/us/usc/t34/s30309/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Carnal knowledge"},{"t":"content","children":[{"t":"p","text":"The term \u201ccarnal knowledge\u201d means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Inmate"},{"t":"content","children":[{"t":"p","text":"The term \u201cinmate\u201d means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Jail"},{"t":"chapeau","text":"The term \u201cjail\u201d means a confinement facility of a Federal, State, or local law enforcement agency to hold\u2014"},{"t":"subpara","id":"/us/usc/t34/s30309/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" persons pending adjudication of criminal charges; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"HIV"},{"t":"content","children":[{"t":"p","text":"The term \u201cHIV\u201d means the human immunodeficiency virus.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Oral sodomy"},{"t":"content","children":[{"t":"p","text":"The term \u201coral sodomy\u201d means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Police lockup"},{"t":"chapeau","text":"The term \u201cpolice lockup\u201d means a temporary holding facility of a Federal, State, or local law enforcement agency to hold\u2014"},{"t":"subpara","id":"/us/usc/t34/s30309/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" inmates pending bail or transport to jail;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" inebriates until ready for release; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" juveniles pending parental custody or shelter placement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Prison"},{"t":"chapeau","text":"The term \u201cprison\u201d means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes\u2014"},{"t":"subpara","id":"/us/usc/t34/s30309/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any local jail or police lockup; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any juvenile facility used for the custody or care of juvenile inmates.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Prison rape"},{"t":"content","children":[{"t":"p","text":"The term \u201cprison rape\u201d includes the rape of an inmate in the actual or constructive control of prison officials.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Rape"},{"t":"chapeau","text":"The term \u201crape\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t34/s30309/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person\u2019s will;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person\u2019s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Sexual assault with an object"},{"t":"content","children":[{"t":"p","text":"The term \u201csexual assault with an object\u201d means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Sexual fondling"},{"t":"content","children":[{"t":"p","text":"The term \u201csexual fondling\u201d means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s30309/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Exclusions"},{"t":"chapeau","text":"The terms and conditions described in paragraphs (9) and (10) shall not apply to\u2014"},{"t":"subpara","id":"/us/usc/t34/s30309/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the use of a health care provider\u2019s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s30309/12/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the use of a health care provider\u2019s hands or fingers and the use of instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}