Offense Description

(A) As used in this section:

(1) "Actor" means an employee, volunteer, agent, or contractor of a public entity that has
statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental
health facility. Actor includes individuals who supervise inmate labor details outside of an
institution or who have supervisory responsibility for offenders on parole, probation, or other
community supervision programs.

(2) "Victim" means an inmate or patient who is confined in or lawfully or unlawfully absent
from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other
community supervision programs. A victim is not capable of providing consent for sexual
intercourse or sexual contact with an actor.

(B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate,
offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether
vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.

(C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral,
or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction,
must be imprisoned for not more than ten years.

(2) When the sexual misconduct does not involve sexual intercourse but involves other sexual
contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual
misconduct, second degree and, upon conviction, must be imprisoned for not more than five
years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a
person's body or of any object into the "intimate parts", as defined in Section 16-3-651(d), of
another person's body, or to the fondling of the "intimate parts" of another person's body, which
is done in a manner not required by professional duties, but instead is done to demonstrate
affection, sexually stimulate that person or another person, or harass that person.

(D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning
sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting
sexual misconduct and, upon conviction, must be imprisoned for not more than one year.

(E) A person who has knowledge of sexual misconduct who has received information in the
person's professional capacity and fails to report it to the appropriate law enforcement authority,
or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and,
upon conviction, must be fined not more then five hundred dollars or imprisoned for not more than six months, or both.

HISTORY: 1962 Code Section 32-1030; 1952 (47) 2042; 1960 (51) 1602; 1993 Act No. 184,
Section 71; 1997 Act No. 136, Section 9; 2001 Act No. 68, Section 1, eff July 11, 2001.