39-16-409 - Sexual contact with probationer or parolee.
39-16-409. Sexual contact with probationer or parolee.
(a) For purposes of this section, unless the context otherwise requires:
(1) Probation and parole officer means a probation and parole officer as defined in § 40-28-102; and
(2) Probationer or parolee means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the board. For the purpose of this section only, probationer or parolee does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the board subsequent to the marriage.
(b) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501, whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the board of probation and parole; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee.
(c) A violation of this section is a Class E felony.
[Acts 2008, ch. 1200, § 1.]