1. 1. A person commits the crime of sexual contact with a prisoner or offender if:

   1. (1) Such person is an employee of, or assigned to work in, any jail, prison or correctional facility and such person has sexual intercourse or deviate sexual intercourse with a prisoner or an offender who is confined in a jail, prison, or correctional facility; or
   2. (2) Such person is a probation and parole officer and has sexual intercourse or deviate sexual intercourse with an offender who is under the direct supervision of the officer.

2. 2. For the purposes of this section the following terms shall mean:

   1. (1) "Offender", includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the state board of probation and parole;
   2. (2) "Prisoner", includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.
3. 3. Sexual contact with a prisoner or offender is a class D felony.
4. 4. Consent of a prisoner or offender is not an affirmative defense.

(L. 2002 S.B. 969, et al., A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 747)

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.