Effective - 28 Aug 2021, 3 histories
566.145. Sexual conduct in the course of public duty, offense of — definitions — violation, penalty — consent not a defense. — 1. A person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct:
(1) With a detainee, a prisoner, or an offender and the person:
(a) Is an employee of, or assigned to work in, any jail, prison or correctional facility and engages in sexual conduct with a prisoner or an offender who is confined in a jail, prison, or correctional facility;
(b) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer; or
(c) Is a law enforcement officer and engages in sexual conduct with a detainee or prisoner who is in the custody of such officer; or
(2) With someone who is not a detainee, a prisoner, or an offender and the person is:
(a) A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;
(b) On duty; and
(c) The offense was committed by means of coercion as defined in section 566.200.
2. For the purposes of this section the following terms shall mean:
(1) "Detainee", a person deprived of liberty and kept under involuntary restraint, confinement, or custody;
(2) "Offender", includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the division of probation and parole;
(3) "Prisoner", includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.
3. The offense of sexual conduct in the course of public duty is a class E felony.
4. Consent of a detainee, a prisoner, an offender, or any other person is not a defense.
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(L. 2002 S.B. 969, et al., A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 747, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)