§ 566.145

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS Chapter 566 • Effective - 28 Aug 2021, 5 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

rson 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. ­­-------- (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)