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Current as of January 01, 2022 | Updated by FindLaw Staff
(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.
(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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 780A. Sexual intercourse or penetration with a person in custody; class F felony - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-780a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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