CFR > Title 28 - Judicial Administration > CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE > SUBCHAPTER C—INSTITUTIONAL MANAGEMENT (parts 540 to 553) > PART 549—MEDICAL SERVICES > SUBPART H—Civil Commitment of a Sexually Dangerous Person (§549.90 to §549.95) > 549.92—Definition of “sexually violent conduct.”

549.92—Definition of “sexually violent conduct.”

For purposes of this subpart, “sexually violent conduct” includes any unlawful conduct of a sexual nature with another person (“the victim”) that involves:
(a) The use or threatened use of force against the victim;
(b) Threatening or placing the victim in fear that the victim, or any other person, will be harmed;
(c) Rendering the victim unconscious and thereby engaging in conduct of a sexual nature with the victim;
(d) 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
(e) 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.