Sexual Assault While In Custody Or Detained

Unlawful sexual conduct by a peace officer - new offense - sex offender registration required - appropriation - applicability. The act creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:

• When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties;
• When the peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or
• In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.

Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision.

To comply with the statutorily required 5-year prison appropriation, the act appropriates:

• For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund;
• For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund;
• For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund;
• For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund;
• For the 2023-24 state fiscal year, $41,491 to the department of corrections from the general fund.
  (Note: This summary applies to this bill as enacted.)