(1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution.
(2) For purposes of this section:
(a) Correctional institution means a correctional facility, as defined in
section 17-1-102 (1.7), C.R.S., a local jail, as defined in section 17-1-102 (7), C.R.S.,
operated by or under contract with the department of corrections, a jail, a facility
operated by or under contract with the department of human services in which
juveniles are or may be lawfully held for detention or commitment for the
commission of a crime, or a facility of a community corrections program as defined
in section 17-27-102 (3), C.R.S.
(b) Sexual conduct means sexual contact as defined in section 18-3-401
(4), sexual intrusion as defined in section 18-3-401 (5), or sexual penetration as
defined in section 18-3-401 (6). Sexual conduct does not include acts of an
employee of a correctional institution or a person who has custody of another
person that are performed to carry out the necessary duties of the employee or the
person with custody.
(3) Sexual conduct in a correctional institution is a class 5 felony if the
sexual conduct includes sexual intrusion or sexual penetration and is committed by
an employee or contract employee of a correctional institution or by an employee,
contract employee, or individual who performs work functions in a correctional
institution or for the department of corrections, the department of human services,
or a community corrections program.
(4) Sexual conduct in a correctional institution is a class 6 felony if:
(a) The sexual conduct consists solely of sexual contact and is committed by
an employee or contract employee of a correctional institution or by an employee,
contract employee, or individual who performs work functions in a correctional
institution or for the department of corrections, the department of human services,
or a community corrections program;
(b) The sexual conduct includes sexual intrusion or sexual penetration and is
committed by a volunteer.
(5) Sexual conduct in a correctional institution is a class 1 misdemeanor if
the sexual conduct consists solely of sexual contact and is committed by a
volunteer.
L. 2000: Entire part added, p. 920, § 7, effective July 1. L. 2002: Entire section amended, p. 488, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1277), ch. 262, p. 1189, § 1, effective July 1.
