For purposes of these guidelines, the following words and terms are defined as follows:

1. Adult attendant. An adult who accompanies a child witness throughout the judicial process for the purpose of providing emotional support. (18 U.S.C. § 3509 (i))

2. Child abuse. The physical or mental injury, sexual abuse, exploitation, or negligent treatment of a child. The term "child abuse" does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. (18 U.S.C. § 3509(a)(3))

3. Earliest opportunity. An opportunity that will not interfere with an investigation or hamper the responsible official in the performance of other law enforcement responsibilities.

4. Local child protective services agency (used in Article II. E.). That agency of the Federal Government, of a State, or of a local government that has the primary responsibility for child protection within a particular portion of the Federal lands, a particular Federally operated facility, or a particular Federally contracted facility in which children are cared for or reside.

5. Local law enforcement agency (used in Article II. E.). That Federal, State, or local law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse occurring within a particular portion of the Federal lands, a particular Federally operated facility, or a particular Federally contracted facility in which children are cared for or reside.

6. Mental injury to child. Harm to a child's psychological or intellectual functioning that may be exhibited by severe anxiety, depression, withdrawal, or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition. (18 U.S.C. § 3509(a)(5))

7. Multidisciplinary child abuse team. A professional unit composed of representatives from health, social/child protective service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse. (18 U.S.C. § 3509(a)(7))

8. Negligent treatment. The failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of a child. (18 U.S.C. § 3509(a)(11))

9. Responsible official. A person designated by the Attorney General in Art. I. to perform the functions of a responsible official.

10. Risk of transmission. Applies to crimes where there is a reasonable possibility of the exchange of blood or fluid born pathogens. (see 21 CFR § 800.20)

11. Sexual exploitation. See chapters 109A, 110, and 117 of 18 U.S.C. for applicable definitions.

12. Telemarketing. A plan, program, promotion, or campaign that is conducted to induce purchases of goods or services, or participation in a contest or sweepstakes, by use of one or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion or campaign or by a prospective purchaser or contest or sweepstakes participant. (See 18 U.S.C. § 2325(1)(A) and (B))

13. Victim.
    1. For purposes of these AG Guidelines, the term "victim" means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including:
       1. In the case of a victim that is an institutional entity, an authorized representative of the entity.

       2. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference):
          1. A spouse;
          2. A legal guardian;
          3. A parent;
          4. A child;
          5. A sibling;
          6. Another family member; or
          7. Another person designated by the court.

             (42 U.S.C. § 10607(e)(2))

          Further, it is Justice Department policy that a person who is culpable for the crime being investigated or prosecuted should not be considered a victim for purposes of the rights and services provided under the AG Guidelines. A person who may be culpable for crimes other than the crime being investigated or prosecuted is considered a victim under this policy. For examples of the application of this definition, see Article I, E.

    2. Three different definitions of the term "victim" appear in the statutes and the Federal Rules of Criminal Procedure.
       1. The definition from 42 U.S.C. § 10607(e)(2), which applies to the majority of the statutory rights and services and generally for purposes of the AG Guidelines, is as follows:

          The term "victim" means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including:

          1. In the case of a victim that is an institutional entity, an authorized representative of the entity.

          2. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, at least one of the following (in order of preference): a spouse, a legal guardian, a parent, a child, a sibling, another family member, or another person designated by the court.

       2. For purposes of sentencing procedures pursuant to Federal Rule of Criminal Procedure 32, the Rule provides that " 'victim' means any individual against whom an offense has been committed for which a sentence is to be imposed. . . .". (F.R.Crim.P. 32(f)(1))

       3. For purposes of restitution issues, "the term 'victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victims' rights under this section, but in no event shall the defendant be named as such representative or guardian." (18 U.S.C. § 3663(a)(2))

14. Witness. A person who has information or evidence concerning a crime, and provides information regarding his/her knowledge to a law enforcement agency. Where the witness is a minor, the term "witness" includes an appropriate family member or legal guardian. The term "witness" does not include a person who is solely a defense witness.