§549.92. Definition of “sexually violent conduct.”
28 C.F.R. § 549.92
For purposes of this subpart, “sexually violent conduct” includes any unlawful conduct of a sexual nature with another person (“the victim”) that involves:
The use or threatened use of force against the victim;
Threatening or placing the victim in fear that the victim, or any other person, will be harmed;
Rendering the victim unconscious and thereby engaging in conduct of a sexual nature with the victim;
Administering to the victim, by force or threat of force, or without the knowledge or permission of the victim, a drug, intoxicant, or other similar substance, and thereby substantially impairing the ability of the victim to appraise or control conduct; or
Engaging in such conduct with a victim who is incapable of appraising the nature of the conduct, or physically or mentally incapable of declining participation in, or communicating unwillingness to engage in, that conduct.
Notes, amendments, and revision history
Source
Source: 73 FR 70279, Nov. 20, 2008, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.