What is the current state of the law on sexual assault of a child and sexual abuse of a minor by a police officer?

⁵ The majority believes that these enhancements are justifiable because they reflect "distinct harms," and cites the opinion in United States v. Volpe , 224 F.3d 72, 76 (2d Cir. 2000), to support that proposition. Majority Op. at 80 n.5. In Volpe , we ruled that a police officer who sexually abused a victim inflicted additional, separate harms by doing so "under color of law," and while the victim was in his "custody, care, or supervisory control." 224 F.3d at 76 (internal quotation marks and citations omitted). The difference between Volpe and this case is that Volpe did not involve a statute that criminalized only conduct between adults and children. Id. at 74. Where, as here, the statute applies only to conduct taken by an adult against a child, several enhancements purport to punish as "distinct harms" conduct that is all but inherent in the situations and relationships necessary to give rise to the crime. For example, it is difficult to think of a child victim who is not "vulnerable." The fact that children are vulnerable to adults' sexual abuse is very likely the reason that this crime carries such high guidelines recommendations even without enhancements. The enhancement for a "vulnerable victim" thus does not, in my view, punish any distinct harm.