2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. Specific Offenses
Subchapter II Offenses Against the Person
§ 780A Sexual intercourse or penetration with a person in custody; class F felony.
(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.
81 Del. Laws, c. 389, § 1.
