View all text of Chapter 303 [§ 30301 - § 30309]
§ 30309. Definitions
In this chapter, the following definitions shall apply:
(1) Carnal knowledge
(2) Inmate
(3) Jail
The term “jail” means a confinement facility of a Federal, State, or local law enforcement agency to hold—
(A) persons pending adjudication of criminal charges; or
(B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.
(4) HIV
(5) Oral sodomy
(6) Police lockup
The term “police lockup” means a temporary holding facility of a Federal, State, or local law enforcement agency to hold—
(A) inmates pending bail or transport to jail;
(B) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter placement.
(7) Prison
The term “prison” 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—
(A) any local jail or police lockup; and
(B) any juvenile facility used for the custody or care of juvenile inmates.
(8) Prison rape
(9) Rape
The term “rape” means—
(A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will;
(B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s 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
(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.
(10) Sexual assault with an object
(11) Sexual fondling
(12) Exclusions
The terms and conditions described in paragraphs (9) and (10) shall not apply to—
(A) custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating prison rape;
(B) the use of a health care provider’s hands or fingers or the use of medical devices in the course of appropriate medical treatment unrelated to prison rape; or
(C) the use of a health care provider’s 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.
(Pub. L. 108–79, § 10, Sept. 4, 2003, 117 Stat. 987.)