{"identifier":"/us/usc/t42/s5106g","title":42,"num":"\u00a7\u202f5106g.","heading":"Definitions","text":"\u00a7\u202f5106g.\nDefinitions\n(a)\nDefinitions\nFor purposes of this subchapter\u2014\n(1) the term \u201cAlaska Native\u201d has the meaning given the term \u201cNative\u201d in\nsection 1602 of title 43\n(2) the term \u201cinfant or toddler with a disability\u201d has the meaning given the term in\nsection 1432 of title 20\n(3) the term \u201cNative Hawaiian\u201d has the meaning given the term in\nsection 7517 of title 20\n(4) the term \u201csexual abuse\u201d includes\u2014\n(A) the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or\n(B) the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and\n(5) the term \u201cwithholding of medically indicated treatment\u201d means the failure to respond to the infant\u2019s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician\u2019s or physicians\u2019 reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician\u2019s or physicians\u2019 reasonable medical judgment\u2014\n(A) the infant is chronically and irreversibly comatose;\n(B) the provision of such treatment would\u2014\n(i) merely prolong dying;\n(ii) not be effective in ameliorating or correcting all of the infant\u2019s life-threatening conditions; or\n(iii) otherwise be futile in terms of the survival of the infant; or\n(C) the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.\n(b)\nSpecial rule\n(1)\nIn general\nFor purposes of section 3(2)\n1\n1 See References in Text note below.\n(2)\nState option\nNotwithstanding the definition of \u201cchild\u201d in section 3(1),\n1\n1","url":"https://projectusc.org/usc/t42/s5106g.html","content":[{"t":"sec","id":"/us/usc/t42/s5106g","children":[{"t":"num","text":"\u00a7\u202f5106g."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t42/s5106g/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this subchapter\u2014"},{"t":"para","id":"/us/usc/t42/s5106g/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cAlaska Native\u201d has the meaning given the term \u201cNative\u201d in ","children":[{"t":"ref","text":"section 1602 of title 43","href":"/us/usc/t43/s1602","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5106g/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cinfant or toddler with a disability\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1432 of title 20","href":"/us/usc/t20/s1432","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5106g/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the term \u201cNative Hawaiian\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 7517 of title 20","href":"/us/usc/t20/s7517","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5106g/a/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" the term \u201csexual abuse\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t42/s5106g/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s5106g/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5106g/a/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" the term \u201cwithholding of medically indicated treatment\u201d means the failure to respond to the infant\u2019s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician\u2019s or physicians\u2019 reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician\u2019s or physicians\u2019 reasonable medical judgment\u2014"},{"t":"subpara","id":"/us/usc/t42/s5106g/a/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the infant is chronically and irreversibly comatose;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s5106g/a/5/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the provision of such treatment would\u2014"},{"t":"clause","id":"/us/usc/t42/s5106g/a/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" merely prolong dying;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s5106g/a/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" not be effective in ameliorating or correcting all of the infant\u2019s life-threatening conditions; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s5106g/a/5/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" otherwise be futile in terms of the survival of the infant; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s5106g/a/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s5106g/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Special rule"},{"t":"para","id":"/us/usc/t42/s5106g/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of section 3(2)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" and subsection (a)(4), a child shall be considered a victim of \u201cchild abuse and neglect\u201d and of \u201csexual abuse\u201d if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5106g/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"State option"},{"t":"content","children":[{"t":"p","text":"Notwithstanding the definition of \u201cchild\u201d in section 3(1),","children":[{"t":"text","text":"1","tail":" a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2)\u202f"},{"t":"text","text":"1","tail":" and subsection (a)(4) as a person who has not attained the age of 24."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}