(1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution.
(2) For purposes of this section:
"Correctional institution" means a correctional facility, as defined in section 17-1102 (1.7), C.R.S., a local jail, as defined in section 17-1-102 (7), C.R.S., operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program as defined in section 17-27-102 (3), C.R.S.
"Sexual conduct" means sexual contact as defined in section 18-3-401 (4), sexualintrusion as defined in section 18-3-401 (5), or sexual penetration as defined in section 18-3-401 (6). "Sexual conduct" does not include acts of an employee of a correctional institution or a person who has custody of another person that are performed to carry out the necessary duties of the employee or the person with custody.
Sexual conduct in a correctional institution is a class 5 felony if the sexual conductincludes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program.
Sexual conduct in a correctional institution is a class 6 felony if:
The sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program;
The sexual conduct includes sexual intrusion or sexual penetration and is committedby a volunteer.
(5) Sexual conduct in a correctional institution is a class 1 misdemeanor if the sexual conduct consists solely of sexual contact and is committed by a volunteer.
Source: L. 2000: Entire part added, p. 920, § 7, effective July 1. L. 2002: Entire section amended, p. 488, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1277), ch. 262, p. 1189, § 1, effective July 1.