Page:United States Statutes at Large Volume 119.djvu/3278

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[119 STAT. 3260]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 3260]

119 STAT. 3260

PUBLIC LAW 109–163—JAN. 6, 2006 with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. ‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person. ‘‘(3) GRIEVOUS BODILY HARM.—The term ‘grievous bodily harm’ means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18. ‘‘(4) DANGEROUS WEAPON OR OBJECT.—The term ‘dangerous weapon or object’ means— ‘‘(A) any firearm, loaded or not, and whether operable or not; ‘‘(B) any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used, or is intended to be used, is known to be capable of producing death or grievous bodily harm; or ‘‘(C) any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be capable of producing death or grievous bodily harm. ‘‘(5) FORCE.—The term ‘force’ means action to compel submission of another or to overcome or prevent another’s resistance by— ‘‘(A) the use or display of a dangerous weapon or object; ‘‘(B) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to believe it is a dangerous weapon or object; or ‘‘(C) physical violence, strength, power, or restraint applied to another person, sufficient that the other person could not avoid or escape the sexual conduct. ‘‘(6) THREATENING OR PLACING THAT OTHER PERSON IN FEAR.—The term ‘threatening or placing that other person in fear’ under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to death, grievous bodily harm, or kidnapping. ‘‘(7) THREATENING OR PLACING THAT OTHER PERSON IN FEAR.— ‘‘(A) IN GENERAL.—The term ‘threatening or placing that other person in fear’ under paragraph (1)(A) of subsection (c) (aggravated sexual assault), or under subsection (h) (abusive sexual contact), means a communication or

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