Effective 01 Jan 2017, see footnote
566.145. Sexual conduct with prisoner or offender — definitions — penalty — consent not a defense. — 1. A person commits the offense of sexual conduct with a prisoner or offender if he or she:
(1) 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; or
(2) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer.
2. For the purposes of this section the following terms shall mean:
(1) "Offender", includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the state board of probation and parole;
(2) "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 with a prisoner or offender is a class E felony.
4. Consent of a prisoner or offender is not a defense.
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(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)
Effective 1-01-17
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