Delaware Code Title 11 Sec. 780A – Sexual intercourse or penetration with a person in custody; class F …
Current as of: 2023 | Check for updates
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(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class F felony | up to 3 years |
(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.
(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.
(d) A violation of subsection (a) of this section is a class F felony.