Delaware General Assembly

Lieu/Substituted 5/3/18

The General Assembly has ended, the current status is the final status.

SS 1 for SB 169

4/18/18

Poore

Reps. Heffernan, Longhurst, K. Williams

Sen. Hansen, Henry, Lopez, McBride, Sokola, Townsend
Reps. Baumbach, Bentz, Bolden, Brady, Hudson, J. Johnson, Keeley, Lynn, Osienski, Paradee, Viola, Wilson

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.

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Takes effect upon being signed into law

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