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Fifty State Misconduct Checklist Sex With Prisoners 2007

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State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Alabama
Custodial Sexual
Misconduct
ALA. CODE § 14-11-31
(2006).
√
Alaska
Sexual assault in the
first degree.
ALASKA STAT. §
11.41.410 (2006).

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Volunteers
not covered

√

√

Volunteers
not covered

√

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

√

√2

Contractors
covered
explicitly

√1

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense
√

√3

Sexual assault in the
second degree.
ALASKA STAT. §
11.41.420 (2006).

∗

The requirements for sex offender registration vary from state to state. For more detailed information concerning both adult and juvenile sex offender
registration, please refer to NIC/WCL Project’s “Fifty State Survey of Sex Offender Registration Laws and Registrable Offenses ”, “Fifty State Summary of
Juvenile Sex Offender Registration and Community Notification Requirements”, “Summary of State Sex Offender Registration Requirements for Adults”
developed under NIC Cooperative Agreement 06S20GJJ1.
∗
Facilities which are covered explicitly in the language of the statute include closed confinement facilities such as prisons or jails, juvenile facilities, community
corrections and contract facilities.
∗
Employees which are covered explicitly include correctional officers and administrators, any paid employees, volunteers, and contract employees. Note,
however, that all employees may not be covered under the sexual assault law.
∗
All forms of sexual misconduct would include sexual penetration by a body part or an object, regardless of the sex of the parties or what part of the body the
penetration occurred, and sexual touching or contact.
∗
Community corrections vary from place to place and while staff sexual misconduct laws generally cover probation and/or parole, the law may not cover other
community settings or supervision (ie. half-way houses, pre-release centers, therapeutic etc.). It is important to check how community corrections is organized in
your state and locally. Please refer to NIC/WCL Project’s “Fifty State Survey of Community Corrections Agencies” developed under NIC Cooperative
Agreement 06S20GJJ1 for an overview of the structure of community corrections’ agencies in each state.
1
In Alabama, contract employees are covered. ALA. CODE § 14-11-30(b)(2) (2006).
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 1 of 23

Some
forms
are
penalized
as a
felony
√

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Volunteers
not covered

√4

√

√

Volunteers
not covered

√7

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

√5

√

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

Alaska con’t
Sexual assault in the
third degree.
ALASKA STAT. §
11.41.425 (2006).
Sexual assault in the
fourth degree.
ALASKA STAT. §
11.41.427 (2006).
Arizona
Unlawful sexual
conduct;
correctional
employees;
prisoners;
classification
ARIZ. REV. STAT.
ANN. § 13-1419.
(2006).
Arkansas

√

√

2

√8

In Alaska, juveniles are implicitly covered under the law. The law applies to victims who by “authority of law” are under the care of the offender. ALASKA
STAT. §§ 11.41.410(a) & 11.41.420(a).
3
In Alaska, the definition of “position of authority” includes probation officers. ALASKA STAT. § 11.41.470(5).
4
In Arizona, masturbatory contact is covered. ARIZ. REV. STAT. ANN. § 13-1401 (2006).
5
In Arizona, the law covers individuals under the supervision of the department, city or county and an offender who is on release status and who is under the
supervision of the state department of corrections. ARIZ. REV. STAT. ANN. §§ 13-1419A & 13-1419B (2006).
6
In Arizona, the inmate is also penalized for the misconduct. ARIZ. REV. STAT. ANN. § 13-1419B (2006).
7
In Arkansas, sexual contact is only punishable if the victim is less than 18. ARK. CODE ANN. § 5-14-124(a)(1) (2006).
8
In Arkansas, contactors are only covered when the victim is less than 18. ARK. CODE ANN. § 5-14-124(a)(1) (2006).
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 2 of 23

√6

√

√

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

√

√9

√ 10

√

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

√

Arkansas con’t
Sexual assault in the
first degree.
ARK. CODE ANN. §
5-14-124
(2006).
Sexual Assault in
the second degree
ARK. CODE ANN. §
5-14-125 (2006).
Sexual assault in the
third degree
ARK. CODE ANN. §
5-14-126 (2006).
California
Employee or officer
of detention facility;
Engaging in sexual
activity with
consenting adult
confined in

√

9

√

California also covers rooms used for holding persons for interviews, interrogations, or investigations, court holding facilities and during transport of confined
persons. CAL. PENAL CODE § 289.6(3)(c) (2006).
10
In California, the statute covers persons over the age of consent housed in juvenile facilities. Thus, the statute covers sexual activity with a “consenting adult”
in a juvenile facility, not juveniles in juvenile facilities. Presumably, sexual offenses involving juveniles under the age of consent can be prosecuted under
statutory rape or other sexual assault laws. The legislative history of the statute also suggests that the California Assembly was concerned with sexual activity
with “consenting adults.” No mention was made to juvenile victims, presumably because legislators knew that ANY sex between staff and juvenile inmates was
already proscribed by law. Therefore, it was unnecessary to enact additional legislation criminalizing sexual activity between staff and juvenile inmates in their
charge.
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 3 of 23

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

California con’t
detention facility.
CAL. PENAL CODE §
289.6 (2006).
Colorado
Unlawful Sexual
Contact.
COLO REV. STAT. §
18-3-404 (2006).
Sexual Conduct in
Penal Institutions.
COLO REV. STAT. §
18-7-701 (2006).
Connecticut
Sexual assault in
the second degree:
Class C or B felony.
CONN. GEN. STAT. §
53a-71 (2006).

√

√

√

Volunteers
not
covered 12

√

√ 11

√

√ 13

√ 14

√

√

√ 15

√

Sexual assault in the
fourth degree: Class
A misdemeanor or
Class D felony.
CONN. GEN. STAT. §
53a-73a (2006).
11

In Colorado, the statute implicitly covers juveniles. The statute applies to those in the “custody of law” or “detained in an institution.” Note however that the
offending staff must have supervisory or disciplinary authority over the victim. COLO REV. STAT. § 18-3-404 (2006).
12
In Connecticut, the offender must have supervisory or disciplinary authority over the victim. CONN. GEN. STAT. § 53a-71(a)(5) & 53a-73a(a)(1)(E) (2006).
13
In Connecticut, the statute implicitly covers juveniles because the law protects those in the “custody of law” or “detained in an institution.” CONN. GEN. STAT. §
53a-71(a)(5) & 53a-73a(a)(1)(E) (2006).
14
See State v. Straub, 1999 Conn. Super LEXIS 746 (holding that the statutory phrase "in custody of law" covered persons beyond those confined and included
persons committed by the court to supervision by the probation department, and that the alleged victims were therefore in custody while on probation).
15
In Connecticut, the law covers “other institutions.” CONN. GEN. STAT. § 53a-71 (2006) & CONN. GEN. STAT. § 53a-73a (2006).
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 4 of 23

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Delaware
Sexual relations in
detention facility;
Class G felony
DEL. CODE ANN. tit.
11, § 1259 (2006).
District of
Columbia
First degree sexual
abuse of a ward.
D.C. CODE ANN. §
22-3013
(LexisNexis 2006).

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

Volunteers
and
contractors
are not
covered

Sexual
contact is not
covered

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

√

√ 17

Volunteers
not
covered 18

√

√

√

√

√

Volunteers
not covered

Sexual
contact is not
covered

√

√

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

√ 19

√

Some
forms
are
penalized
as a
felony
√ 16

√

√

√

√

Consent
is NOT
a
defense

Second degree
sexual abuse of a
ward.
D.C. CODE ANN. §
22-3014 (2006).
Florida
Authorized use of

16
17

√ 20

In Delaware, the inmate is penalized for the misconduct. DEL. CODE ANN. tit. 11, § 1259 (2006).
D.C. includes sexual misconduct that occurs during transportation, medical diagnosis or treatment, court appearances, work and recreation. D.C. CODE § 22-

3001(6)(b) (2006).
18

In D.C., the offender must have “supervisory or disciplinary authority” over the victim. D.C. CODE § 22-3013 & 22-3014 (2006).
In D.C., contractors are implied because the statute covers those individuals in “official custody” or in an “institution.” D.C. CODE § 22-3013 & 22-3014 (2006).
20
In Florida, private facilities are implicitly covered in the law because § 794.011(g) covers misconduct that occurs in a “similar setting” which could include
private facilities. FLA. STAT. ANN. § 794.011(4)(g) (2006). Also, employing agency is defined as “any private entity which has contracted with the state or county
for the operation and maintenance of a non-juvenile detention facility.”
FLA. STAT. ANN. § 943.10(4) (2006).
19

Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 5 of 23

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Volunteers
not
covered 21

√

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

√ 22

√

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

Florida con’t
Force; malicious
battery & sexual
misconduct
prohibited; reporting
required; penalties
FLA. STAT. ANN. §
944.35 (2006).
Sexual battery.
FLA. STAT. ANN. §
794.011 (2006).

Georgia
Sexual assault
against persons in
custody; sexual
assault against
person detained or
patient in hospital or
other institution;
sexual assault by
practitioner of
psychotherapy
against patient.
GA. CODE ANN. §
16-6-5.1 (2006).
21

√ 23

In Georgia, the offender must have “supervisory or disciplinary authority” over the victim. GA. CODE ANN. § 16-6-5.1(c) (2006).
In Georgia, an offender can be guilty of staff sexual misconduct if they have supervisory or disciplinary authority over the victim and the victim is in the
custody of law. Youths are referred to the Georgia Department of Juvenile Justice by the juvenile courts and thus under the custody of law. GA. CODE ANN. § 16-65.1(b) & (c) (2006).
23
In Georgia, contractors can be implicitly covered under the law because the statute covers individuals under the “custody of law”, regardless of the
employment status of the actor. GA. CODE ANN. § 16-6-5.1(c) (2006).
22

Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 6 of 23

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Community
Corrections
covered
explicitly ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

√

√

Volunteers
not covered

√

Idaho
Sexual contact with
a prisoner.
IDAHO CODE ANN. §
18-6110 (2006).

√

Not cover
juveniles
facilities

Volunteers
not covered

Sexual
contact is not
covered

√

Illinois
Custodial Sexual
Misconduct
720 ILL. COMP.
STAT. ANN.
5/11-9.2 (2006).

√

Volunteers
not covered

√ 25

√

Hawaii
Sexual assault in the
second degree.
Haw. Rev. Stat.
Ann.
HAW. REV. STAT.
ANN. § 707-731
(2006).

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Requires Sex
Offender
Registration ∗

Community
Corrections
Covered
implicitly

√ 24

Contractors
covered
explicitly

Contractors
covered
implicitly

√

√

Some
forms
are
penalized
as a
felony
√

√

√

Covers
private
facilities

Consent
is NOT
a
defense

Sexual assault in the
third degree.
HAW. REV. STAT.
ANN. § 707-732
(2006).

Indiana
Sexual misconduct
by service provider
with detainee

√

√

√

√

24

√

√ 26

√

√

√

√

In Hawaii, juveniles are implicitly covered under the statute because Hawaii places juveniles in youth correctional facilities. The language of the statute covers
individuals in any state correctional facility. HAW. REV. STAT. §§ 707-731 & 707-732 (2006).
25
Illinois notes that the “[e]vidence of emission of semen is not required to prove sexual penetration.” 720 ILL. COMP. STAT. ANN. 5/12-12(F) (2006).
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 7 of 23

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Indiana con’t
IND. CODE ANN. §
35-44-1-5 (2006).
Iowa
Sexual misconduct
with offenders and
juveniles
IOWA CODE §
709.16 (2006).
Kansas
Unlawful sexual
relations.
KAN. STAT. ANN. §
21-3520 (2006).
Kentucky
Sexual Abuse in the
Second Degree. KY.
REV. STAT. ANN. §
510.120 (2006).

Louisiana
Malfeasance in
office; sexual
conduct prohibited
with persons

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

√

√

√ 27

√

√

√

Volunteers
not
covered 29

√

√ 30

√

Community
Corrections
facilities are
not covered

Community
Corrections
employees
are not
covered

√

√

Contract
facilities
and
community
corrections

Volunteers
not covered

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

√ 28

√

√

Contractors
covered
implicitly

Covers
private
facilities

√

√

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

√

√ 31

Contract
employees

26

In Indiana, the statute covers all entities who “provides goods or services.” IND. CODE ANN. § 35-44-1-5(a) (2006).
In Iowa, sexual contact of the breasts is not covered. IOWA CODE § 702.17 (2006).
28
In Iowa, the statute covers all “agents of the Department of Corrections.” Probation and parole are under the Department of Corrections. IOWA CODE § 709.16
(2006).
29
In Kansas, a community corrections officer will be liable if the inmate is under direct supervision and control of the offending officer. KAN. STAT. ANN. § 21-3520
27

(2006).
30

See State v. Fike, 243 Kansas 365 (1988)(stating that a number of sexual assault statutes indicate 16 as the age of consent). Thus, the staff sexual misconduct
statute in Kansas covers juvenile facilities but not juveniles. This law is similar to California’s. See KAN. STAT. ANN. § 21-3520 (6)(B) (2006).

Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 8 of 23

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Louisiana con’t
confined in
correctional
institutions.
LA. REV. STAT.
ANN. § 14:134.1
(2006).
Maine
Gross sexual
assault.

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

facilities are
not covered

not covered

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

√ 33

√

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

Community
Corrections
employees
not covered
√

√

Volunteers
not
covered 32

√

√ 34

ME. REV. STAT.
ANN. tit. 17-A, §
253 (2006).
Unlawful sexual
contact
ME. REV. STAT.
ANN. tit. 17-A, §
255-A 1.E (2006).
Unlawful sexual
touching
ME. REV. STAT.
ANN. tit. 17-A, §
260.1-E (2006).
31

In Louisiana, the Youth Services department is within the Department of Public Safety and Corrections. Therefore, the language of the law implicitly covers
juvenile facilities. LA. REV. STAT. ANN. § 14:134.1(A) (2006).
32
In Maine, the offender must have supervisory or disciplinary authority over the victim. ME. REV. STAT. ANN. tit. 17-A, § 253(2)(E) & 17-A, § 260(1)(E) (2006).
33
In Maine, the law covers victims who are detained in an institution and offenders who have supervisory or disciplinary authority over the victim. Thus,
juvenile institutions may be implicitly included in the coverage of the law. ME. REV. STAT. ANN. tit. 17-A, § 253(2)(E) & 17-A, § 260(1)(E) (2006).
34
In Maine, the statute implicitly covers contractors because the law punishes staff sexual misconduct in “other institutions.” ME. REV. STAT. ANN. tit. 17-A, § 253(2)(E)
& 17-A, § 260(1)(E) (2006).

Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 9 of 23

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Requires Sex
Offender
Registration ∗

Maryland
Sexual conduct
between correctional
or Department of
Juvenile Services
employee and
inmate or confined
child.

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Volunteers
not covered

√

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

√

Contractors
not covered

MD. CODE ANN.,
CRIM. LAW § 3-314
(2006).
Massachusetts
Punishments for
sexual relations with
inmate.
MASS. ANN. LAWS

ch. 268, § 21A
(2006).
Michigan
Criminal sexual
conduct in the
second degree;
felony.
MICH. COMP. LAWS
SERV. § 750.520c
(2006).

Covers all
Facilities ∗

√

Juvenile
facilities
and
community
corrections
facilities
are not
covered
√

Volunteers
not covered

√

√

√ 36

√

√ 35

√

√

35

√

√ Covers
private
vendors
that operate
youth
correctional
facilities. 37

In Massachusetts, juveniles can be placed in correctional institutions. Correctional institutions are covered under the law and thus the law implicitly covers
juveniles. MASS. ANN. LAWS ch. 268, §21A (2006).
36
In Michigan, the law specifically addresses inappropriate sexual contact that occurs during medical examination or treatment. MICH. COMP. LAWS SERV. §
750.520b(1)(f)(iv) (2006).
37
See § 750.520c(1)(f)-(k) (2006).
Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 10 of 23

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Minnesota
Criminal sexual
conduct in the third
degree.

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

√

√

√

√

Juvenile
detention
facilities
not covered

√

Sexual
contact is not
covered

√ 39

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

√ 38

√

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

√

√

Some
forms
are
penalized
as a
felony
√

√

√

√

√

√

MINN. STAT. §
609.344 (2006).
Criminal sexual
conduct in the fourth
degree.
MINN. STAT. §
609.345 (2006).
Mississippi
Crime of sexual
activity between law
enforcement or
correctional
personnel and
prisoners; sanctions.
MISS. CODE ANN. §
97-3-104 (2006).
Missouri
Sexual contact with
an inmate, penalty -consent not a
defense

Community
Corrections
not covered
√

Juvenile
detention
facilities
not covered

√

√ 40

MO. REV. STAT. §
566.145 (amended
2006) (current
version at 2006 Mo.
38

In Minnesota, the statute covers specific facilities, but also adds that the statute is “not limited” to those institutions. The statute also covers “work release” and
individuals “under supervision.” MINN. STAT. § 609.344(a)(m) & 609.345(1) (2006).
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STATE

Missouri con’t
HB 1698 (2006)).
Montana
Sexual assault
MONT. CODE ANN.
§ 45-5-502 (2006).
Nebraska
Sexual abuse of an
inmate or parolee.

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Community
Corrections
facilities
not covered

√ 41

√

√

√

Volunteers
not covered

√ 42

Juveniles
covered
implicitly

√ 43

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

√

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

√

√

√

√

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

NEB. REV. STAT.
ANN. § 28-322.01
(2006).
Sexual abuse of an
inmate or parolee in
the first degree;
penalty
NEB. REV. STAT. 28322.02 (2006).
Sexual abuse of an
inmate or parolee in
the second degree;
penalty
NEB. REV. STAT. §
28-322.03 (2006).
39
40

In Missouri, the law implicitly covers volunteers because the law covers those “assigned to work.” 2006 Mo. HB 1698 (2006).
In Missouri, the law implicitly covers contractors because the definition of offender includes any person in the custody of a correctional facility. 2006 Mo. HB

1698 (2006).
41
42

In Montana, the individual must have supervisory or disciplinary authority over the victim. MONT. CODE ANN. § 45-5-502(5)(a) (2006).
In Nebraska, the emission of semen is not required to satisfy the act of sexual penetration. NEB. REV. STAT. ANN. § 28-318(6) (2006).

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STATE

Nevada
Voluntary sexual
conduct between
prisoner and another
person; penalty.
NEV. REV. STAT.
ANN. § 212.187
(2006).
New Hampshire
Aggravated
Felonious Sexual
Assault.
N.H. REV. STAT.
ANN. § 632-A2:
(2006).

Requires Sex
Offender
Registration ∗

√

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Community
corrections
is not cover
ed 44

Community
Corrections
is not
covered

√ 45

√

49

√ 50

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

√ 46

√

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony
√ 48

√

√

√ 47

√

√ 51

Volunteers
not covered

Felonious Sexual
Assault.
N.H. REV. STAT.
ANN. § 632-A3:
(2006).

43

In Nebraska, the statute covers those individuals confined in a correctional institution. Juveniles are confined in the Nebraska Correctional Youth Facility
under the Nebraska Department of Corrections. Thus, juveniles are implicitly covered under the statute. NEB. REV. STAT. ANN. § 28-322.01 (2006).
44
In Nevada, community corrections is explicitly excluded from the coverage of the law. NEV. REV. STAT. ANN. § 212.187 (2006).
45
In Nevada, the law covers masturbation. NEV. REV. STAT. ANN. § 212.187(3)(a) (2006).
46
In the Nevada code, the Juvenile Correctional Institutions section (Chapter 210), falls under correctional Institutions (Title 16), along with the Offenses relating
to Prisons and Prisoners (chapter 212) and the Department of Corrections (209), and that Prisoner is defined for all of Title 16.
47
In Nevada, contractors are implicitly covered under the law because the statute punishes “a person” who engages in sexual misconduct, regardless of the
employment status of that person. NEV. REV. STAT. ANN. § 212.187(2) (2006).
48
In Nevada, the inmate is penalized for the misconduct. NEV. REV. STAT. ANN. § 212.187(2) (2006).
49
In New Hampshire, the actor must be in a position of authority over the victim and have direct supervisory or disciplinary authority over the victim. The law
makes no distinction between employees or contractors. N.H. REV. STAT. ANN. § 632-A:2(n)(1) & (2) (2006).
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STATE

New Jersey
Sexual assault

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

√

√

N.M. STAT. ANN. §
30-9-11 (2006).
New York
Sexual misconduct.
NY PENAL LAW §
130.20 (2006).
Rape in the third
degree.
NY PENAL LAW §
130.25 (Consol.
2006).
Forcible touching.
NY PENAL LAW §
130.52 (2006).

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

52

Sexual
contact is not
covered

√

Volunteers
not covered

Sexual
contact is not
covered 54

√

57

√

√

Volunteers
not covered

N.J. STAT. ANN. §
2C:14-2 (2006).
New Mexico
Criminal sexual
penetration.

Covers all
Employees ∗

√

Community
corrections
is not
covered
√ 56

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

√

√

Contractors
covered
explicitly

√ 53

Some
forms
are
penalized
as a
felony
√

√ 55

√

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

√

Volunteers
not covered
Health care
contractors
are covered.
Other
contracted
employees
are not.

50

In New Hampshire, the emission of semen is not required to complete the act of sexual assault. N.H. REV. STAT. ANN. § 632-A:1(v)(h) (2006).
In New Hampshire, contractors are implicitly covered under the language “actor.” N.H. REV. STAT. ANN. § 632-A:1(I) (2006).
52
In New Jersey, the actor must have supervisory or disciplinary authority over the victim. N.J. STAT. ANN. § 2C:14-2 (2006).
53
In New Jersey, the statute covers actors who have “supervisory or disciplinary power over the person by virtue of the actor’s legal professional or occupational
status.” N.J. STAT. ANN. § 2C:14-2(a) & (c) (2006).
54
In New Mexico, emission of semen is not required to complete the act of sexual penetration. N.M. STAT. ANN. § 30-9-11(A) (2006).
55
In New Mexico, the statute implicitly covers contractors because the law holds those “in a position of authority” accountable and protects inmates “confined in
a correctional facility.” N.M. STAT. ANN. § 30-9-11(D)(2) (2006).
51

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√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

New York con’t
Sexual abuse in the
second degree.
NY PENAL LAW §
130.60 (2006).
North Carolina
Intercourse and
sexual offenses with
certain victims;
consent no defense
N.C. GEN. STAT. §
14-27.7 (2006).

North Dakota
Sexual abuse of
wards.
N.D. CENT. CODE §

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

√

Volunteers
not covered

Sexual
contact is
not covered

√

√

Community
Corrections
is not
covered 58

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

√ 60

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

√

√ 61

Volunteers
not
covered 59

56

New York does not have contracted correctional facilities. Thus all facilities are covered under the law.
In New York, employees who perform professional duties including providing custody, medical or mental health services, counseling services, educational
programs or vocational training are covered under the statute. NY PENAL LAW § 130.05(3)(c)(i) (2006).
58
In North Dakota, the statute does not implicitly cover community corrections. See State v. Ennis, 464 N.W. 2d 378 (1990)(holding that time on probation is not
"time spent in custody" within the meaning of N.D. Cent. Code § 12.1-32-02 and time on parole, too, is not "time spent in custody" within the meaning of § 12.132-02).
59
In North Dakota, the offender must have supervisory or disciplinary authority over the victim. N.D. CENT. CODE § 12.1-20-06 & 12.1-20-07 (2006).
57

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√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Community
Corrections
Covered
implicitly

√

√

62

Sexual
contact is not
covered

√ 63

√ 64

Sexual
contact is not
covered

√ 66

√ 67

Contractors
covered
explicitly

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

Contractors
covered
implicitly

Covers
private
facilities

√ 65

√

√

√

√

North Dakota con’t
12.1-20-06 (2006).
Sexual assault.
N.D. CENT. CODE §
12.1-20-07 (2006).
Ohio
Sexual Battery,
OHIO REV. CODE
ANN. § 2907.03
(2006).
Oklahoma
Rape Defined
OKLA. STAT. tit. 21,
§ 1111 (2005).

Volunteers
not covered

√

√

Volunteers
not covered

√

Rape in the first
degree - second
60

In North Dakota, The Division of Juvenile Justice is a division of the Department of Corrections and Rehabilitation. Since the language of the statute covers all
institutions, it can be implied that juvenile facilities are covered. N.D. CENT. CODE § 12.1-20-06 & 12.1-20-07 (2006).
61
In North Dakota, contractors are implicitly covered under the language “other institution”, which could include private facilities. N.D. CENT. CODE § 12.1-20-06 &
12.1-20-07 (2006).
62

In Ohio, the offender must have supervisory or disciplinary authority over the victim or be an employee of a detention facility. OHIO REV. CODE ANN. § 2907.03

(2006).
63

In Ohio, the law covers victims who are in the “custody of law”. Since juveniles are in the custody of law when they are adjudicated, the law implicitly covers
juveniles. The Department of Youth Services is a separate entity from the Department of Rehabilitation and Correction. OHIO REV. CODE ANN. § 2907.03 (2006).
64
See State v. Thompson, 33 Ohio St. 3d 1 (1987)(stating that both probationers and parolees have been held to possess U.S. Const. amend. IV rights more
limited than other people, because they are considered to be in the constructive, as opposed to actual or physical, custody of the state at all times during their
probation or parole).
65
In Ohio, the law applies to victims in “institutions”, “in the custody of law” and indicates that “no person” shall engage in sexual misconduct. Thus, contractors
are implicitly covered under the statute. OHIO REV. CODE ANN. § 2907.03 (2006).
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State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Youth
Detention
Facilities
not covered

Volunteers
not covered

√

√

Volunteers
not covered

√

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

√ 68

√

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

√

√

Oklahoma con’t
degree
OKLA. STAT. tit.21,
§ 1114 (2006).
Forcible sodomy
OKLA. STAT. tit. 21,
§ 888 (2006).
Oregon
First Degree
Custodial Sexual
Misconduct
OR. REV. STAT. §
163.452 (2006).

√

Second Degree
Custodial Sexual
Misconduct
OR. REV. STAT. §
163.454 (2006).
Pennsylvania
Institutional sexual
assault
18 PA. CONS. STAT.
§ 3124.2 (2006).

√

√

√ 69

66

√ 70

In Oklahoma, the law applies to victims under the “legal custody or supervision” of a state agency and employees of state agencies that “exercise[] authority
over the victim.” An adjudicated juvenile would be under the legal custody of the state and the state would exercise authority over them. Thus, the law implicitly
includes juveniles. OKLA. STAT. tit. 21, § 1111(A)(7) (2006).
67
In Oklahoma, the law applies to victims under the “legal custody or supervision” of a state agency and employees of state agencies that “exercise[] authority
over the victim.” An individual on parole or probation would be under the legal supervision of the state. Thus, the law implicitly covers community corrections.
OKLA. STAT. tit. 21, § 1111(A)(7) (2006).
68
In Oregon, the law covers juveniles in youth correctional facilities and not detention facilities. OR. REV. STAT. § 163.452(A)(A)(B) & 163.454(1)(A)(B) (2006).
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√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

Requires Sex
Offender
Registration ∗

Rhode Island
Correctional
employees — sexual
relations with
inmates

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
not covered

Volunteers
not covered

71
Sexual
contact is not
covered

Juveniles
are not
covered

√

√

Community
Corrections
is not
covered

Volunteers
not covered

Sexual
contact is not
covered

Juveniles
covered
explicitly

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

√ 72

√

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony
√

√

√

felony
R.I. GEN. LAWS §
11-25-24 (2006).
South Carolina
Sexual misconduct
with an inmate,
patient or offender
S.C. CODE ANN.
§ 44-23-1150
(2006).
South Dakota
Sexual acts
prohibited between
prison employees
and prisoners.
S.D. CODIFIED
LAWS § 24-1-26.1
(2006).

√

√ 73

√

√

Contractors
are not
covered

69

In Pennsylvania, community corrections is under the Department of Corrections. Thus, community corrections’ staff would be considered “employee[s] of the
Department of Corrections.” 18 PA. CONS. STAT. § 3124.2(a) (2006)
70
In Pennsylvania, the law covers youth contract facilities. 18 PA. CONS. STAT. § 3142.2(b) (2006).
71
In Rhode Island, emission of semen is not required to complete the act of sexual penetration. R.I. GEN. LAWS § 11-37-1(8) (2006).
72
In Rhode Island, the Division of Rehabilitative Services includes probation and parole and is under the Department of Corrections. R.I. GEN. LAWS § 11-25-24
(2006).
73

In South Carolina, the law covers parole, probation and other community supervision programs. S.C. CODE ANN.
§44-23-1150(A)(1) (2006).

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STATE

Tennessee
Sexual contact with
inmates
TENN. CODE ANN. §
39-16-408 (2006).

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Community
Corrections
is not
covered

√

74

√

√

√

√

√

√

√

√

√

√

√

√

Juvenile
facilities
are not

√

√

√

√

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

√

Some
forms
are
penalized
as a
felony
√

Sexual battery by an
authority figure
TENN. CODE ANN. §
39-13-527 (2006).
Texas
Violations of the
Civil Rights of
Person in Custody;
Improper Sexual
Activity with person
in custody.
TEX. PENAL CODE
ANN. § 39.04
(2006).
Utah
Custodial sexual
relations – custodial
sexual misconduct –
definitions –
penalties – defenses
UTAH CODE ANN. §
76-5-412 (2006).
Vermont
SEXUAL
EXPLOITATION

74
75

√ 75

In Tennessee, emission of semen is not required to complete the act of sexual penetration. TENN. CODE ANN. § 39-13-501(7) (2006).
In Texas, the law covers only juvenile facilities. TEX. PENAL CODE ANN. § 39.04(e)(2) (2006).

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√

√

√

√

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

Vermont con’t
OF AN INMATE
VT. STAT. ANN. tit.
13, § 3257 (2006).
Virginia
Carnal knowledge of
an inmate, parolee,
probationer, or
pretrial or post-trial
offender; penalty.
VA. CODE ANN. §
18.2-64.2 (2006).

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Sexual
contact is not
covered

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony

covered

√

√

√

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√

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

Washington
Custodial sexual
misconduct in the
first degree
WASH. REV. CODE
ANN. § 9A.44.160
(2006).

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

√

√

Volunteer s
not covered

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

√ 76

√

Contractors
covered
implicitly

Covers
private
facilities

Custodial sexual
misconduct in the
second degree
WASH. REV. CODE
ANN. § 9A.44.170
(2006).

76

In Washington, community corrections is implicitly covered since the statute protects those under “correctional supervision” and community corrections is
under the Department of Corrections. WASH. REV. CODE ANN. § 9A.44.160 (2006).

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Consent
is NOT
a
defense
√

Some
forms
are
penalized
as a
felony
√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
Check-List
NIC/WCL Project On Addressing Prison Rape

STATE

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

West Virginia
Imposition of sexual
intercourse or sexual
intrusion on
incarcerated
persons; penalty
W. VA. CODE ANN.
§ 61-8B-10 (2006).

√

√

Volunteers
not covered

√

√

√

Wisconsin
Second Degree
Sexual Assault
Wis. Stat. Ann. §
940.225 (2006).
Wyoming
Sexual assault in
the second degree
WYO. STAT. ANN. §
6-2-303 (2006).

√

√

√

√ 77

√

√

√

Volunteer s
not covered

Sexual
contact is not
covered 78

√ 79

Community
Corrections
Covered
implicitly

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

√

√

√ 80

77

√ 81

In Wisconsin, the emission of semen is not required. Wis. Stat. Ann. § 940.225(5)(c) (2006).
In Wyoming, the emission of semen is not required. WYO. STAT. ANN. § 6-2-301 (2006).
79
In Wyoming the law covers “custodians” and those who have “significant influence over a person”. Thus, implicitly including those who correctional
administrators who are employed at juvenile justice agencies. WYO. STAT. ANN. § 6-2-301(a)(iv) (2006).
80
In Wyoming the law covers “custodians” and those who have “significant influence over a person”. Thus, implicitly including those who correctional
administrators who are employed in community corrections. WYO. STAT. ANN. § 6-2-301(a)(iv) (2006).
81
In Wyoming the law implicitly covers contractors since the language of the statute includes “any actor”. However, the offender must occupy a position of
authority over the victim. WYO. STAT. ANN. § 6-2-303 (2006).
78

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√

Some
forms
are
penalized
as a
felony
√

√

√

Consent
is NOT
a
defense

√

State Laws Prohibiting Sexual Misconduct with Individuals in Custody
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STATE

United States
Aggravated sexual
abuse
18 U.S.C.S. § 2241
(2006).

Requires Sex
Offender
Registration ∗

Covers all
Facilities ∗

Covers all
Employees ∗

Covers all
forms of
Sexual
Misconduct ∗

Juveniles
covered
explicitly

√

√

√

√

√

Juveniles
covered
implicitly

Community
Corrections
covered
explicitly ∗

Community
Corrections
Covered
implicitly

Sexual abuse
18 U.S.C.S. § 2242
(2006).
Sexual abuse of a
minor or ward
18 U.S.C.S. § 2243
(2006).
Abusive sexual
contact
18 U.S.C.S. § 2244
(2006).

Developed by the NIC/WCL Project on Addressing Prison Rape under Cooperative Agreement 06S20GJJ1
Accurate as of January 4, 2007
Page 23 of 23

Contractors
covered
explicitly

Contractors
covered
implicitly

Covers
private
facilities

√

Consent
is NOT
a
defense

Some
forms
are
penalized
as a
felony
√

 

 

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