Texas Penal Code 39.04 – Violations of the Civil Rights of Person in Custody; Improper Sexual Activity With Person in Custody or Under Supervision
Terms Used In Texas Penal Code 39.04
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07
(a) An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.