Senate Bill 169
149th General Assembly (2017 - 2018)
The General Assembly has ended, the current status is the final status.
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES AND SEXUAL RELATIONS IN A DETENTION FACILITY.
This Act modernizes the language of the crime of sexual relations in a detention facility and adds a prohibition on any sexual activity between law-enforcement personnel and persons in custody. The new statutes are different from the one being replaced as follows: 1. The crimes are located in the subpart relating to sexual offenses instead of the subchapter relating to crimes against public administration. 2. The crimes apply to law-enforcement officers in addition to employees, contractors, and volunteers at a detention facility. 3. Sexual contact is prohibited, in addition to sexual intercourse and sexual penetration. 4. States clearly that consent is not a defense. 5. Medical treatment and lawful searches are specifically excluded from the crimes. 6. The penalty for the crime of sexual intercourse or penetration with a person in custody is increased to a class F felony from a class G felony. 7. The penalty for the new crime of unlawful sexual contact with a person in custody is a class G felony.
Takes effect upon being signed into law