Violations of The Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody
Chapter 39 of the Texas Penal Code defines offenses relating to the abuse of office.
“Violations of The Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody” as per § 39.04 of the Texas Penal Code, occurs when An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer 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 or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.
An offense under 1) is a Class A Misdemeanor.
An offense under 2) is a state jail felony, except that it is a third degree felony if:
- an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility; or
- a juvenile offender detained in or committed to a correctional facility.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000