13-1412. Unlawful sexual conduct; peace officers; classification; definitions

A. A peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer's custody or a person who the officer knows or has reason to know is the subject of an investigation.

B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony.  Unlawful sexual conduct with a victim who is at least fifteen years of age but less than eighteen years of age is a class 3 felony.  All other unlawful sexual conduct is a class 5 felony.

C. This section does not apply to either of the following:

1. Any direct or indirect touching or manipulating of the genitals, anus or female breast that occurs during a lawful search.

2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the arrest or investigation.  The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

D. For the purposes of this section:

1. "Custody" includes the imposition of actual or constructive restraint pursuant to an on-site arrest, a court order or any contact in which a reasonable person would not feel free to leave.  Custody does not include detention in a correctional facility, a juvenile detention facility or a state hospital.

2. "Peace officer" has the same meaning prescribed in section 1-215 but does not include adult or juvenile corrections or detention officers.