Sexual relations with a detainee

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  • (a) Any person who, when, being an employee working at a prison or detention facility, a contractor or employee of a contractor at a prison or detention facility, or a volunteer at a prison or detention facility, engages in consensual sexual relations with a person who is in the custody of a detention facility, is guilty of the crime of sexual relations with a detainee and shall be imprisoned not more than 10 years. This does not include any act done for a bona fide medical purpose or an internal search conducted in the lawful performance of an employee's duties.

  • (b) For the purpose of subsection (a), “sexual intercourse” means:

    • (1) Any act of physical union of the genitalia or anus of one person with the mouth, anus or genitalia of another person. It occurs upon any penetration, however slight. Ejaculation is not required; or

    • (2) Any act of cunnilingus or fellatio regardless of whether penetration occurs, Ejaculation is not required.

      • (A) “Cunnilingus” means any oral contact with the female genitalia.

      • (B) “Fellatio” means any oral contact with the male genitalia.

  • (c) For the purpose of subsection (a), “sexual penetration” means:

    • (1) The unlawful placement of an object, which includes any item, device, instrument, substance or part of the body, inside the anus or vagina of another person; or

    • (2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person.


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