TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 61

RAPE

18-6110.  Sexual contact with a prisoner. (1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18-101A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of-state prisoner or juvenile offender, as those terms are defined in section 18-101A, Idaho Code.

(2)  It is a felony for any supervising officer, as that term is defined in section 18-101A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18-101A, Idaho Code, who is not the person’s spouse.

(3)  For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, contact between the mouth and any body part, or any willful physical contact, over or under the clothing, when the physical contact is done with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of the actor or any other person, between persons of the same or opposite sex.

(4)  Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed life.

History:

[18-6110, added 1993, ch. 222, sec. 1, p. 759; am. 2000, ch. 272, sec. 9, p. 792; am. 2003, ch. 37, sec. 1, p. 157; am. 2005, ch. 177, sec. 2, p. 548; am. 2008, ch. 60, sec. 2, p. 152; am. 2009, ch. 116, sec. 1, p. 373; am. 2026, ch. 176, sec. 1, p. 815.]