Summary: H.R.4745 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (05/12/1986)

(Measure passed House, amended)

Sexual Abuse Act of 1986 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: (1) aggravated sexual abuse; (2) sexual abuse; (3) sexual abuse of a minor or ward; and (4) abusive sexual conduct.

Defines aggravated sexual abuse as knowingly causing another person to engage in sexual conduct by: (1) using force against that person; or (2) threatening or placing that person in fear of death, serious bodily injury, or kidnapping. Provides additional penalties when that person is a child (under 12 years of age).

Defines sexual abuse as: (1) knowingly causing another person to engage in sexual conduct by threatening or placing that person in fear that another person will be subjected to death, serious bodily harm, or kidnapping; or (2) engaging in sexual conduct with another person who is incapable of appreciating the nature of the conduct or of declining participation.

Defines the sexual abuse of a minor as knowingly engaging in a sexual act with another person who is: (1) between the ages of 12 and 16; and (2) at least four years younger. Defines the sexual abuse of a ward as knowingly engaging in a sexual act with another person who is: (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging. Establishes defenses for the sexual abuse of a minor or ward by establishing that: (1) the defendant believed the other person had attained the age of 16; or (2) the persons engaged in the sexual act were married to each other at that time.

Defines abusive sexual conduct for the purposes of this Act.

Repeals the chapter on rape. Makes conforming changes to the Public Health Service Act, the Juvenile Justice and Delinquency Prevention Act of 1974, the Mental Health Systems Act, and the Federal Aviation Act.