(1) A peace officer commits unlawful sexual conduct by a peace officer by knowingly engaging in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:
(a) In the same encounter, the peace officer contacts the victim for the
purpose of law enforcement or contacts the victim in the exercise of the officer’s
employment activities or duties;
(b) The peace officer knows that the victim is, or causes the victim to believe
that he or she is, the subject of an active investigation, and the peace officer uses
that knowledge to further the sexual contact, intrusion, or penetration; or
(c) In furtherance of sexual contact, intrusion, or penetration, the peace
officer makes any show of real or apparent authority.
(2) (a) Unlawful sexual conduct by a peace officer under circumstances
when the victim is subject to sexual contact is a class 4 felony.
(b) Unlawful sexual conduct by a peace officer under circumstances in which
sexual intrusion or penetration is inflicted on the victim is a class 3 felony.
(3) For the purposes of this section, unless the context otherwise requires,
peace officer means any person described in article 2.5 of title 16.
(4) It is not a defense to this section that the victim consented to the sexual
contact, intrusion, or penetration.
(5) This section does not apply to sexual contact or intrusion that occurs
incident to a lawful search.
L. 2019: Entire section added, (HB 19-1250), ch. 287, p. 2662, § 1, effective July 1.
