28 CFR § 549.92 - Definition of “sexually violent conduct.”

---
identifier: "/us/cfr/t28/s549.92"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 549.92 - Definition of “sexually violent conduct.”"
title_number: 28
title_name: "Judicial Administration"
section_number: "549.92"
section_name: "Definition of “sexually violent conduct.”"
chapter_name: "BUREAU OF PRISONS, DEPARTMENT OF JUSTICE"
subchapter_number: "C"
subchapter_name: "INSTITUTIONAL MANAGEMENT"
part_number: "549"
part_name: "MEDICAL SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510."
cfr_part: "549"
---


# 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.