5th Cir. Pattern Jury Instr. (Criminal) 2.82D

18 U.S.C. § 2243(b)

Title 18, United States Code, Section 2243(b), makes it a crime for anyone to knowingly

engage in a sexual act with another person who is in official detention and under the custodial,

supervisory, or disciplinary authority of the person so engaging.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant knowingly engaged in a sexual act with ___________ (name of

alleged victim);

Second: At the time, ___________ (name of alleged victim) was in official detention at the

___________ (name of institution);

Third: At the time, ___________ (name of alleged victim) was under the custodial,

supervisory, or disciplinary authority of the defendant; and

Fourth: That the defendant’s actions took place within the special maritime and territorial

jurisdiction of the United States [in a Federal prison] [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].

The term “sexual act” means: (A) contact between the penis and the vulva or the penis and

the anus, occurring upon penetration, however slight; (B) contact between the mouth and the penis,

the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the

anal or genital opening of another by a hand or finger or by any object, with an intent to abuse,

humiliate, hara ss, degrade, or arouse or gratify the sexual desire of any person; or (D) 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.