Current as of January 01, 2019 | Updated by FindLaw Staff
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(1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution.
(2) For purposes of this section:
(a) “Correctional institution” means a correctional facility, as defined in section 17-1-102(1.7), C.R.S., a local jail, as defined in section 17-1-102(7), C.R.S., operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program as defined in section 17-27-102(3), C.R.S.
(b) “Sexual conduct” means sexual contact as defined in section 18-3-401(4), sexual intrusion as defined in section 18-3-401(5), or sexual penetration as defined in section 18-3-401(6). “Sexual conduct” does not include acts of an employee of a correctional institution or a person who has custody of another person that are performed to carry out the necessary duties of the employee or the person with custody.
(3) Sexual conduct in a correctional institution is a class 5 felony if the sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program.
(4) Sexual conduct in a correctional institution is a class 6 felony if:
(a) The sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program;
(b) The sexual conduct includes sexual intrusion or sexual penetration and is committed by a volunteer.
(5) Sexual conduct in a correctional institution is a class 1 misdemeanor if the sexual conduct consists solely of sexual contact and is committed by a volunteer.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-7-701. Sexual conduct in a correctional institution - last updated January 01, 2019 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-7-701.html
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