1. Short title This Act may be cited as the Closing the Law Enforcement Consent Loophole Act of 2018 . 2. Prohibition on engaging in sexual acts while acting under color of law (a) In general Section 2243 of title 18, United States Code, is amended— (1) in the section heading, by adding at the end the following: or by any person acting under color of law ; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: (c) Of an individual by any person acting under color of law (1) In general Whoever, acting under color of law, knowingly engages in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. (2) Definition In this subsection, the term sexual act — (A) has the meaning given the term in section 2246; and (B) includes the penetration, however slight, of the mouth of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. ; and (4) in subsection (d), as so redesignated, by adding at the end the following: (3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act. . (b) Definition Section 2246 of title 18, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and