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Delaware Code Title 11. Crimes and Criminal Procedure § 780A. Sexual intercourse or penetration with a person in custody; class F felony

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.

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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/

Read this complete Delaware Code Title 11. Crimes and Criminal Procedure § 780A. Sexual intercourse or penetration with a person in custody; class F felony on Westlaw. Westlaw subscription required.

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