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

18 U.S.C. § 2243(c)

Title 18, United States Code, Section 2243(c), makes it a crime for anyone, while acting in

his or her capacity as a Federal law enforcement officer, to knowingly engage in a sexual act with

an individual who is under arrest, under supervision, in detention, or in Federal custody.

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 ________ ( name of defendant ) knowingly engaged in a sexual act with

___________ (name of alleged victim);

Second: At the time, ___________ ( name of alleged victim ) was under arrest, under

supervision, in detention, or in Federal custody; and

Third: At the time, ___________ (name of defendant) was acting in his [her] capacity as a

Federal law enforcement officer.

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 penetra tion, 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, harass, 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.

The term “Federal law enforcement officer” means any officer, agent, or employee of the

United States authorized by law or by a Government agency to engage in or supervise the

prevention, detection, investigation, or prosecution of any violation of Federal criminal law.