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Texas Penal Code - Section 39.04. Violations Of The Civil Rights Of Person In Custody; Improper Sexual Activity With Person In Custody

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 39.04. Violations Of The Civil Rights Of Person In Custody; Improper Sexual Activity With Person In Custody

§ 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN 
CUSTODY;  IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY.  (a) An 
official of a correctional facility, an employee of a correctional 
facility, a person other than an employee who works for 
compensation at a correctional facility, a volunteer at a 
correctional facility, or a peace officer commits an offense if the 
person intentionally:
		(1)  denies or impedes a person in custody in the 
exercise or enjoyment of any right, privilege, or immunity knowing 
his conduct is unlawful;  or
		(2)  engages in sexual contact, sexual intercourse, or 
deviate sexual intercourse with an individual in custody.
	(b)  An offense under Subsection (a)(1) is a Class A 
misdemeanor.  An offense under Subsection (a)(2) is a state jail 
felony.
	(c)  This section shall not preclude prosecution for any 
other offense set out in this code.
	(d)  The Attorney General of Texas shall have concurrent 
jurisdiction with law enforcement agencies to investigate 
violations of this statute involving serious bodily injury or 
death.
	(e)  In this section:                                                          
		(1)  "Correctional facility" means:                                           
			(A)  any place described by Section 1.07(a)(14);  
or                       
			(B)  a "secure correctional facility" or "secure 
detention facility" as defined by Section 51.02, Family Code.
		(2)  "Custody" means the detention, arrest, or 
confinement of an adult offender or the detention or the commitment 
of a juvenile offender to a facility operated by or under a contract 
with the Texas Youth Commission or a facility operated by or under 
contract with a juvenile board.
		(3)  "Sexual contact," "sexual intercourse," and 
"deviate sexual intercourse" have the meanings assigned by Section 
21.01.
	(f)  An employee of the Texas Department of Criminal Justice 
commits an offense if the employee engages in sexual contact, 
sexual intercourse, or deviate sexual intercourse with an 
individual who is not the employee's spouse and who the employee 
knows is under the supervision of the department but not in the 
custody of the department.
	(g)  An offense under Subsection (f) is a state jail felony.                   

Added by Acts 1979, 66th Leg., p. 1383, ch. 618, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 3242, ch. 558, § 8, 
eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 18, § 5, eff. April 
15, 1987.  Renumbered from V.T.C.A., Penal Code § 39.021 and 
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.  Amended by Acts 1997, 75th Leg., ch. 1406, § 1, eff. Sept. 
1, 1997;  Acts 1999, 76th Leg., ch. 158, § 1 to 3, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 1070, § 1, eff. Sept. 1, 2001;  
Acts 2001, 77th Leg., ch. 1297, § 69, eff. Sept. 1, 2001.

Last modified: August 11, 2007