Review of Applicable Federal and State Sex Offense Laws

The list below provides links to each state’s custodial sexual misconduct law, as well as to other criminal laws that may apply when a detainee is sexually assaulted, whether by a corrections official, other prison staff, a volunteer or a fellow inmate. The summaries provided are intended to give an overview of the custodial sexual misconduct laws. They are not legal advice. If you have a question about whether something that happened to you or a loved one was a crime, contact a lawyer. (JDI’s Survivor Resource Guide provides a list of legal resources by state.)

Click on the first letter of a state’s name to jump down the list:
a b c d e f g h i j k l m n o p q r s t u v w x y z

1. FEDERAL

The federal custodial sexual misconduct law makes it a felony for someone to engage in a sexual act with a person in federal detention who is under the perpetrator’s custodial, supervisory or disciplinary authority.

18 U.S.C. § 2243 Sexual abuse of a minor or ward

Other federal laws that may apply to sexual violence in federal detention:

18 U.S.C. § 2241 Aggravated sexual abuse
18 U.S.C. § 2242 Sexual abuse
18 U.S.C. § 2244 Abusive sexual contact

1. ALABAMA

Alabama’s custodial sexual misconduct law prohibits a corrections or youth services employee or a probation or parole officer from engaging in sexual conduct with a person in custody, on probation or on parole.

Ala. Code § 14-11-31 Custodial sexual misconduct

Other Alabama laws that may apply to sexual violence behind bars:

Ala. Code § 14-11-30 Definitions
Ala. Code § 14-11-32 Construction with other laws
Ala. Code § 13A-6-61 Rape in the first degree
Ala. Code § 13A-6-63 Sodomy in the first degree
Ala. Code § 13A-6-65 Sexual misconduct
Ala. Code § 13A-6-65.1 Sexual torture
Ala. Code § 13A-6-66 Sexual abuse in the first degree

2. ALASKA

Alaska’s sexual assault laws contain custodial sexual misconduct provisions. Sexual assault in the first degree (sexual penetration) and sexual assault in the second degree (sexual contact) include specific provisions pertaining to victims who are in the perpetrator’s care by authority of law, regardless of consent. Sexual assault in the third and fourth degrees apply to people working in a state correctional facility or other location designated to care for prisoners, irrespective of whether those employees were charged with the victim’s care.

Alaska Stat. § 11.41.410 Sexual assault in the first degree
Alaska Stat. § 11.41.420 Sexual assault in the second degree
Alaska Stat. § 11.41.425 Sexual assault in the third degree
Alaska Stat. § 11.41.427 Sexual assault in the fourth degree

3. ARIZONA

Arizona’s custodial sexual misconduct law prohibits an employee, contractor, official visitor, volunteer or agency representative from engaging in a sexual act with a person in custody.  

Ariz. Rev. Stat. Ann. § 13-1419 Unlawful sexual misconduct with an offender

Other Arizona laws that may apply to sexual violence behind bars:

Ariz. Rev. Stat. Ann. § 13-1404 Sexual abuse
Ariz. Rev. Stat. Ann. § 13-1406 Sexual assault
Ariz. Rev. Stat. Ann. § 13-1418 Sexual misconduct by a licensed behavioral health professional
Ariz. Rev. Stat. Ann. § 13-1423 Violent sexual assault

4. ARKANSAS

Arkansas’ laws regarding sexual assault in the first and second degree contain specific provisions concerning sexual contact between corrections staff and minors in custody.  (Sexual assault in the second degree also contains a provision about nonconsensual sexual contact that is not specific to the corrections setting or minors.) Sexual assault in the third degree criminalizes sexual intercourse or “deviate sexual activity” by corrections staff with someone in custody. 

Ark. Code Ann. § 5-14-124 Sexual assault in the first degree  
Ark. Code Ann. § 5-14-125 Sexual assault in the second degree
Ark. Code Ann. § 5-14-126 Sexual assault in the third degree

Other Arkansas laws that may apply to sexual violence behind bars:

Ark. Code Ann. § 5-14-103 Rape
Ark. Code Ann. § 5-14-123 Exposing another person to human immunodeficiency virus

5. CALIFORNIA

California’s custodial sexual misconduct law makes it illegal for an employee of a health institution, detention facility or corrections agency to engage in sexual activity with a “consenting adult” in the custody of a health facility or detention facility.

Cal. Penal Code § 289.6 Sexual activity with confined consenting adult

Other laws in California that may apply to sexual violence behind bars:

Cal. Penal Code § 261 Rape
Cal. Penal Code § 286 Sodomy
Cal. Penal Code § 288a Oral copulation
Cal. Penal Code § 289 Sexual penetration

6. COLORADO

Colorado’s custodial sexual misconduct law makes it illegal for any employee, contract employee or volunteer to engage in sexual conduct with a person in custody. In addition, its unlawful sexual contact law contains a provision for a victim in custody where the perpetrator has supervisory or disciplinary control over that person.

Colo. Rev. Stat. § 18-7-701 Sexual conduct in penal institutions
Colo. Rev. Stat. § 18-3-404 Unlawful sexual contact

Another Colorado law that may apply to sexual violence behind bars:

Colo. Rev. Stat. § 18-3-402 Sexual assault

7. CONNECTICUT

Connecticut’s laws addressing sexual assault in the second and fourth degree make it a crime for someone to engage in sexual intercourse or sexual contact with a person in custody and under his/her supervisory or disciplinary power. 

Conn. Gen. Stat. § 53a-71 Sexual assault in the second degree
Conn. Gen. Stat. § 53a-73a Sexual assault in the fourth degree

Other Connecticut laws that may apply to sexual violence behind bars:

Conn. Gen. Stat. § 53a-70 Sexual assault in the first degree
Conn. Gen. Stat. § 53a-70a Aggravated sexual assault in the first degree
Conn. Gen. Stat. § 53a-72a Sexual assault in the third degree
Conn. Gen. Stat. § 53a-72b Sexual assault in the third degree with a firearm

8. DELAWARE

Delaware’s custodial sexual misconduct law criminalizes all sexual intercourse or “deviate sexual intercourse” that occurs in a detention facility, regardless of consent. The law applies equally to inmates and staff.

Del. Code Ann. tit. 11, § 1259 Sexual relations in detention facility

Other Delaware laws that may apply to sexual violence behind bars:

Del. Code Ann. tit. 11, § 773 Rape in the first degree
Del. Code Ann. tit. 11, § 772 Rape in the second degree
Del. Code Ann. tit. 11, § 776 Sexual extortion
Del. Code Ann. tit. 11, § 763 Sexual harassment
Del. Code Ann. tit. 11, § 767 Unlawful sexual contact in the third degree
Del. Code Ann. tit. 11, § 769 Unlawful sexual contact in the first degree
Del. Code Ann. tit. 11, § 764 Indecent exposure in the second degree

9. DISTRICT OF COLUMBIA

The District of Columbia’s custodial sexual misconduct laws make it a crime for a person to engage in a sexual act or sexual contact, or cause another to engage in a sexual act or sexual contact, with a person in custody under the perpetrator’s supervisory or disciplinary authority.

D.C. Code Ann. § 22-3013 First degree sexual abuse of a ward
D.C. Code Ann. § 22-3014 Second degree sexual abuse of a ward
D.C. Code Ann. § 22-3017 Defenses to sexual abuse of a ward

Other District of Columbia laws that may apply to sexual violence behind bars:

D.C. Code Ann. § 22-3002 First degree sexual abuse
D.C. Code Ann. § 22-3003 Second degree sexual abuse
D.C. Code Ann. § 22-3004 Third degree sexual abuse
D.C. Code Ann. § 22-3005 Fourth degree sexual abuse
D.C. Code Ann. § 22-3006 Misdemeanor sexual abuse

10. FLORIDA

Florida’s custodial sexual misconduct provisions are incorporated within its sexual battery and excessive force laws. Under these provisions, it is a felony for an officer to engage in sexual penetration with a person who is reasonably led to believe that the he/she is in a position of control or authority.

Fla. Stat. Ann. § 794.011 Sexual battery
Fla. Stat. Ann. § 944.35 Malicious battery and sexual misconduct

Another Florida law that may apply to sexual violence behind bars:

Fla. Stat. Ann. § 794.023 Sexual battery by multiple perpetrators

11. GEORGIA

Georgia’s custodial sexual misconduct law makes it a felony for a corrections employee to have sexual contact with a person in custody, on probation or under parole supervision.

Ga. Code Ann. § 16-6-5.1 Sexual assault against persons in custody

Other Georgia laws that may apply to sexual violence behind bars:

Ga. Code Ann. § 16-6-1 Rape
Ga. Code Ann. § 16-6-2 Sodomy
Ga. Code Ann. § 16-6-8 Public indecency

12. HAWAII

Hawaii’s custodial sexual misconduct provisions are contained within its sexual assault laws.  Sexual assault in the second degree (sexual penetration) and sexual assault in the third degree (sexual contact) prohibit corrections employees and law enforcement officials from engaging in sexual contact with a person in custody.

Haw. Rev. Stat. Ann. § 707-731 Sexual assault in the second degree
Haw. Rev. Stat. Ann. § 707-732 Sexual assault in the third degree

Other Hawaii laws that may apply to sexual violence behind bars:

Haw. Rev. Stat. Ann. § 707-730 Sexual assault in the first degree
Haw. Rev. Stat. Ann. § 707-733 Sexual assault in the fourth degree

13. IDAHO

Idaho’s custodial sexual misconduct law makes it a felony for any corrections employee or agent to have sexual contact with an inmate who is not his/her spouse.

Idaho Code § 18-6110 Sexual contact with a prisoner

Other Idaho laws that may apply to sexual violence behind bars:

Idaho Code § 18-6101 Rape
Idaho Code § 18-6108 Male rape
Idaho Code § 18-6608 Forcible sexual penetration by use of foreign object

14. ILLINOIS

Illinois’ sexual misconduct law makes it a felony for an employee of the penal system to engage in sexual conduct with someone in the custody of that system.

720 Ill. Comp. Stat. 5/11-9.2 Custodial sexual misconduct

Other Illinois laws that may apply to sexual violence behind bars:

720 Ill. Stat. Comp. 5/11‑9 Public indecency
720 Ill. Stat. Comp. 5/12-13 Criminal sexual assault
720 Ill. Stat. Comp. 5/12-14 Aggravated criminal sexual assault
720 Ill. Stat. Comp. 5/12-15 Criminal sexual abuse
720 Ill. Stat. Comp. 5/12-16 Aggravated criminal sexual abuse
720 Ill. Stat. Comp. 5/12-16.2 Criminal transmission of HIV

15. INDIANA

Under Indiana law, it is a felony for a public servant, a person employed by a government entity or any other person who provides goods or services to inmates to engage in sexual intercourse or “deviate sexual conduct” with a person who has been legally detained and is not the provider’s spouse.

Ind. Code § 35-44-1-5 Custodial sexual misconduct

Other Indiana laws that may apply to sexual violence behind bars:

Ind. Code § 35-42-4-1 Rape
Ind. Code § 35-42-4-2 Criminal deviate conduct
Ind. Code § 35-42-4-8 Sexual battery

16. IOWA

Under Iowa law, it is an aggravated misdemeanor for an officer, employee, contractor, vendor, volunteer or agent of a detention facility to engage in a sex act with an individual in custody. 

Iowa Code § 709.16 Sexual misconduct with offenders and juveniles

Other Iowa laws that may apply to sexual violence behind bars:

Iowa Code § 709.1 Sexual abuse defined
Iowa Code § 709.5 Resistance to sexual abuse
Iowa Code § 709.9 Indecent exposure

17. KANSAS

Kansas’ custodial sexual misconduct provision is incorporated within its unlawful sexual relations law. Under this provision, a corrections employee, contract employee or parole officer who engages in consensual sexual intercourse, “lewd fondling” or touching with an inmate is guilty of a felony.

Kan. Stat. Ann. § 21-3520 Unlawful sexual relations

Other Kansas laws that may apply to sexual violence behind bars:

Kan. Stat. Ann. § 21-3501 Sex offenses
Kan. Stat. Ann. § 21-3502 Rape
Kan. Stat. Ann. § 21-3508 Sex offenses

18. KENTUCKY

Kentucky’s sexual abuse in the second degree law contains a custodial sexual misconduct provision. Under this provision, it is a misdemeanor for an employee, contractor, vendor or volunteer at a detention facility to engage in sexual contact with an inmate.

Ky. Rev. Stat. Ann. § 510.120 Sexual abuse in the second degree
Ky. Rev. Stat. Ann. § 510.020 Lack of consent

Another Kentucky law that may apply to sexual violence behind bars:

Ky. Rev. Stat. Ann. § 510.148 Indecent exposure in the first degree

19. LOUISIANA

Louisiana’s law prohibiting malfeasance in office contains a custodial sexual misconduct provision. Under this provision, it is a felony for a corrections official or employee of a detention facility to engage in sexual intercourse or conduct with an inmate. 

La. Rev. Stat. Ann. § 14:134 Malfeasance in office

Other Louisiana laws that may apply to sexual violence behind bars:

La. Rev. Stat. Ann. § 14:41 Rape
La. Rev. Stat. Ann. § 14:42 Aggravated rape
La. Rev. Stat. Ann. § 14:43.1 Sexual battery
La. Rev. Stat. Ann. § 14:43.2 Second degree sexual battery

20. MAINE

Maine’s laws for gross sexual assault law and unlawful sexual contact contain custodial sexual misconduct provisions. Under these provisions, it is a crime for a person to engage in a sexual act with or to subject to sexual contact an inmate who is not his/her spouse and is under his/her supervisory or disciplinary authority. 

Me. Rev. Stat. Ann. tit. 17-A, § 253 Gross sexual assault
Me. Rev. Stat. Ann. tit. 17-A, § 255-A Unlawful sexual contact

Another Maine law that may apply to sexual violence behind bars:

Me. Rev. Stat. Ann. tit. 17-A, § 260 Unlawful sexual touching

21. MARYLAND

In Maryland, it is a misdemeanor for a corrections official to engage in vaginal intercourse or a sexual act with an inmate.

Md. Code Ann. § 3-314 Custodial sexual misconduct

Other Maryland laws that may apply to sexual violence behind bars:

Md. Code Ann. § 3-303 Rape in the first degree
Md. Code Ann. § 3-304 Rape in the second degree
Md. Code Ann. § 3-305 Sexual offense in the first degree
Md. Code Ann. § 3-306 Sexual offense in the second degree
Md. Code Ann. § 3-307 Sexual offense in the third degree
Md. Code Ann. § 3-308 Sexual offense in the fourth degree
Md. Code Ann. § 3-309 Attempted rape in the first degree
Md. Code Ann. § 3-310 Attempted rape in the second degree
Md. Code Ann. § 3-311 Attempted sexual offense in the first degree
Md. Code Ann. § 3-312 Attempted sexual offense in the second degree
Md. Code Ann. § 3-321 Sodomy
Md. Code Ann. § 3-322 Unnatural or perverted sexual practice

22. MASSACHUSETTS

Under Massachusetts law, it is a crime for an officer, employee or person under contract with a penal or corrections institution to engage in sexual relations with an inmate in the course of employment or contract.

Mass. Gen. Laws ch. 268, § 21A Sexual relations with inmate

Other Massachusetts laws that may apply to sexual violence behind bars:

Mass. Gen. Laws ch. 265, § 22 Rape
Mass. Gen. Laws ch. 265, § 24 Assault with intent to commit rape
Mass. Gen. Laws ch. 265, § 18B Use of firearms while committing a felony

23. MICHIGAN

Michigan’s criminal sexual conduct in the second degree law contains a custodial sexual misconduct provision. Under this provision, an employee, contract employee or volunteer is guilty of a felony if he/she engages in sexual contact with a person known to be under the jurisdiction of a detention facility. 

Mich. Comp. Laws § 750.520c Criminal sexual conduct in the second degree

Other Michigan laws that may apply to sexual violence behind bars:

Mich. Comp. Laws § 750.520b Criminal sexual conduct in the first degree
Mich. Comp. Laws § 750.520e Criminal sexual conduct in the fourth degree

24. MINNESOTA

Under Minnesota law, when an employee, independent contractor or volunteer engages in sexual penetration or sexual contact with an inmate, that person is guilty of a felony.

Minn. Stat. § 609.344 Criminal sexual conduct in the third degree
Minn. Stat. § 609.345 Criminal sexual conduct in the fourth degree

Other Minnesota laws that may apply to sexual violence behind bars:

Minn. Stat. § 609.293 Sodomy
Minn. Stat. § 609.343 Criminal Sexual Conduct in the Second Degree
Minn. Stat. § 609.3451 Criminal Sexual Conduct in the Fifth Degree
Minn. Stat. § 609.3453 Criminal Sexual Predatory Conduct

25. MISSISSIPPI

In Mississippi, a jailer, guard, employee or other official is guilty of a felony if he/she engages in sexual penetration or has “carnal knowledge” of a person who is incarcerated or under correctional supervision.   

Miss. Code Ann. § 97-3-104 Sexual activity between law enforcement or correctional personnel and prisoners

Other Mississippi laws that may apply to sexual violence behind bars:

Miss. Code Ann. § 97-3-95 Sexual battery
Miss. Code Ann. § 97-3-107 Stalking

26. MISSOURI

In Missouri, it is a felony for a corrections employee, a probation officer or a parole officer to engage in sexual intercourse or “deviate sexual intercourse” with a person in custody or under probation or parole supervision. 

Mo. Rev. Stat. § 566.145 Sexual contact with prisoner or offender

Other Missouri laws that may apply to sexual violence behind bars:

Mo. Rev. Stat. § 217.405 Offender abuse
Mo. Rev. Stat. § 566.030 Forcible rape and attempted forcible rape
Mo. Rev. Stat. § 566.040 Sexual assault
Mo. Rev. Stat. § 566.060 Forcible sodomy
Mo. Rev. Stat. § 566.070 Deviate sexual assault

27. MONTANA

Montana’s custodial sexual misconduct provisions are incorporated within its sexual assault and sexual intercourse without consent laws. Under these provisions, it is a misdemeanor for a correctional employee, contractor or volunteer to have sexual contact with an inmate under his/her supervision or disciplinary authority. 

Mont. Code Ann. § 45-5-502 Sexual assault
Mont. Code Ann. § 45-5-503 Sexual intercourse without consent

Other Montana laws that may apply to sexual violence behind bars:

Mont. Code Ann. § 45-5-504 Indecent exposure
Mont. Code Ann. § 45-5-505 Deviate sexual conduct

28. NEBRASKA

Under Nebraska law, an employee, contract employee or other person with control over the victim or victim’s activities commits sexual abuse when he/she engages in sexual penetration or sexual contact with an inmate or parolee. 

Neb. Rev. Stat. § 28-322 Sexual abuse of an inmate or parolee

Other Nebraska laws that may apply to sexual violence behind bars:

Neb. Rev. Stat. § 28-319 Sexual assault; first degree
Neb. Rev. Stat. § 28-320 Sexual assault; second or third degree

29. NEVADA

Nevada’s custodial sexual misconduct law makes it a felony for anyone to engage in sexual conduct with an inmate and for an inmate to engage in sexual conduct with another person.

Nev. Rev. Stat. Ann. § 212.187 Sexual conduct between inmate and another person

Other Nevada laws that may apply to sexual violence behind bars:

Nev. Rev. Stat. Ann. § 200.366  Sexual assault
Nev. Rev. Stat. Ann. § 200.3773 Disclosure of identity is prohibited

30. NEW HAMPSHIRE

New Hampshire’s custodial sexual misconduct provisions are within its felonious sexual assault laws. Under these provisions, it is a felony for a corrections employee, parole officer or probation officer to engage in “sexual penetration” with an inmate or person on parole or probation over whom he/she has supervisory or disciplinary authority.

N.H. Rev. Stat. Ann. § 632-A:2 Aggravated felonious sexual assault
N.H. Rev. Stat. Ann. § 632-A:3 Felonious sexual assault

Another New Hampshire law that may apply to sexual violence behind bars:

N.H. Rev. Stat. Ann. § 632-A:4 Sexual assault

31. NEW JERSEY

New Jersey’s sexual assault law includes a provision making it a felony for a person with supervisory or disciplinary power over the victim to sexually penetrate an individual in detention, on probation, or on parole. 

N.J. Stat. Ann. § 2C:14-2 Sexual assault

Other New Jersey laws that may apply to sexual violence behind bars:

N.J. Stat. Ann. § 2C:14-3 Criminal sexual contact
N.J. Stat. Ann. § 2C:14-4 Lewdness
N.J. Stat. Ann. § 2C:30-2 Official misconduct

32. NEW MEXICO

New Mexico’s criminal sexual penetration law contains a custodial sexual misconduct provision. Under this provision, it is a felony for a person in a position of authority over an inmate to penetrate him/her.

N.M. Stat. Ann. § 30-9-11 Criminal sexual penetration

Other New Mexico laws that may apply to sexual violence behind bars:

N.M. Stat. Ann. § 30-9-12 Criminal sexual contact
N.M. Stat. Ann. § 30-9-14 Indecent exposure
N.M. Stat. Ann. § 30-9-14.3 Aggravated indecent exposure

33. NEW YORK

New York’s custodial sexual misconduct is incorporated in its law of sex offense defenses. This provision specifies that an individual in the custody of the state department of correctional services is incapable of consenting to a sexual act with an employee, contractor or (as of November 1, 2007) volunteer providing direct services at the facility.  

N.Y. Penal Law § 130.05 Sex offenses; lack of consent

Other New York laws that may apply to sexual violence behind bars:

N.Y. Penal Law § 130.20 Sexual misconduct
N.Y. Penal Law § 130.30 Rape in the second degree
N.Y. Penal Law § 130.35 Rape in the first degree
N.Y. Penal Law § 130.40 Criminal sexual act in the third degree
N.Y. Penal Law § 130.45 Criminal sexual act in the second degree
N.Y. Penal Law § 130.50 Criminal sexual act in the first degree
N.Y. Penal Law § 130.52 Forcible touching
N.Y. Penal Law § 130.53 Persistent sexual abuse
N.Y. Penal Law § 130.55 Sexual abuse in the third degree
N.Y. Penal Law § 130.60 Sexual abuse in the second degree
N.Y. Penal Law § 130.65 Sexual abuse in the first degree
N.Y. Penal Law § 130.65-a Aggravated sexual abuse in the fourth degree
N.Y. Penal Law § 130.66 Aggravated sexual abuse in the third degree
N.Y. Penal Law § 130.67 Aggravated sexual abuse in the second degree
N.Y. Penal Law § 130.70 Aggravated sexual abuse in the first degree
N.Y. Penal Law § 130.90 Facilitating a sex offense with a controlled substance
N.Y. Penal Law § 130.91 Sexually motivated felony
N.Y. Penal Law § 130.95 Predatory sexual assault

34. NORTH CAROLINA

Under North Carolina law, vaginal intercourse or a sexual act between an agent or employee of an institution and a person under the custody of such institution is a felony. 

N.C. Gen. Stat. § 14 27.7  Intercourse and sexual offenses with certain victims

Other North Carolina laws that may apply to sexual violence behind bars:

N.C. Gen. Stat. § 14‑27.2 First‑degree rape
N.C. Gen. Stat. § 14‑27.3 Second‑degree rape
N.C. Gen. Stat. § 14‑27.4 First‑degree sexual offense
N.C. Gen. Stat. § 14‑27.5 Second‑degree sexual offense
N.C. Gen. Stat. § 14‑27.5A Sexual battery

35. NORTH DAKOTA

Under North Dakota law, it is a felony for a person to engage in sexual activity with someone in custody or detention and under his/her supervisory or disciplinary authority.

N.D. Cent. Code § 12.1-20-06 Sexual abuse of wards
N.D. Cent. Code § 12.1-20-07 Sexual assault

Other North Dakota law that may apply to sexual violence behind bars:

N.D. Cent. Code § 12.1-20-03 Gross sexual imposition
N.D. Cent. Code § 12.1-20-06.1 Sexual exploitation by therapist
N.D. Cent. Code § 12.1-20-04 Sexual imposition
N.D. Cent. Code § 12.1-20-12 Deviate sexual act
N.D. Cent. Code § 12.1-20-12.1 Indecent exposure
N.D. Cent. Code § 12.1-20-12.2 Surreptitious intrusion
                                      

36. OHIO

Ohio’s custodial sexual misconduct provision is included within its sexual battery law. This provision makes it a felony for an employee of a detention facility to have sexual contact with a person in custody and under his/her supervisory or disciplinary authority.

Ohio Rev. Code Ann. § 2907.03 Sexual battery

Other Ohio law that may apply to sexual violence behind bars:

Ohio Rev. Code Ann. § 2907.02 Rape
Ohio Rev. Code Ann. § 2907.05 Gross sexual imposition
Ohio Rev. Code Ann. § 2907.06 Sexual imposition
Ohio Rev. Code Ann. § 2907.08 Voyeurism
Ohio Rev. Code Ann. § 2907.09 Public indecency

37. OKLAHOMA

Oklahoma’s custodial sexual misconduct law is incorporated within its rape provision, and is limited to sexual intercourse involving vaginal or anal penetration on a person not the spouse of the perpetrator. The victim must be under legal custody or supervision and the perpetrator must be an employee of a government agency that exercises authority over the victim. 

Okla. Stat. Ann. tit. 21, § 1111 Rape defined
Okla. Stat. Ann. tit. 21, § 1114 Rape in first degree and second degree

Another Oklahoma law that may apply to sexual violence behind bars:

Okla. Stat. Ann. tit. 21, § 1111.1 Rape by instrumentation

38. OREGON

In Oregon, it is a crime for a person employed by or under contract with the state or local agency that arrested the victim, operates the correctional facility or supervises the victim to engage in sexual intercourse, “deviate sexual intercourse” (first degree) or sexual conduct (second degree) with someone known to be in custody of a law enforcement agency, participating in an inmate or offender work program or on probation, parole or a form of conditional or supervised release.

Or. Rev. Stat. § 163.452 Custodial sexual misconduct in the first degree
Or. Rev. Stat. § 163.454 Custodial sexual misconduct in the second degree

Other Oregon law that may apply to sexual violence behind bars:

Or. Rev. Stat. § 163.375 Rape in the first degree
Or. Rev. Stat. § 163.405 Sodomy in the first degree
Or. Rev. Stat. § 163.411 Unlawful sexual penetration in the first degree
Or. Rev. Stat. § 163.415 Sexual abuse in the third degree
Or. Rev. Stat. § 163.425 Sexual abuse in the second degree
Or. Rev. Stat. § 163.427 Sexual abuse in the first degree
Or. Rev. Stat. § 163.465 Public indecency
Or. Rev. Stat. § 163.467 Private indecency

39. PENNSYLVANIA

In Pennsylvania, it is a felony for an employee or agent of a detention or mental health facility to engage in sexual intercourse, “deviate sexual intercourse,” or “indecent contact” with a detainee, patient or resident.

18 Pa. Cons. Stat. § 3124.2 Institutional sexual assault

Other Pennsylvania laws that may apply to sexual abuse behind bars:

18 Pa. Cons. Stat. § 3121 Rape
18 Pa. Cons. Stat. § 3123 Involuntary deviate sexual intercourse
18 Pa. Cons. Stat. § 3124.1 Sexual assault
18 Pa. Cons. Stat. § 3125 Aggravated indecent assault
18 Pa. Cons. Stat. § 3126 Indecent assault
18 Pa. Cons. Stat. § 3127 Indecent exposure

40. RHODE ISLAND

Under Rhode Island law, it is a felony for an employee or contractor in a corrections institution to engage in sexual penetration with an inmate under his/her supervision and control.

R.I. Gen. Laws § 11-25-24 Sexual relations with inmates

Other Rhode Island laws that may apply to sexual abuse behind bars:

R.I. Gen. Laws § 11-37-2 First degree sexual assault
R.I. Gen. Laws § 11-37-3.2 Necessity of complaint from victim
R.I. Gen. Laws § 11-37-4  Second degree sexual assault

41. SOUTH CAROLINA

South Carolina law prohibits a corrections employee, volunteer, agent, contractor or supervisor of inmate labor details or who has supervisory responsibility over the victim from engaging in sexual intercourse or sexual contact with an inmate, patient, probationer, or parolee.

S.C. Code Ann. § 44-23-1150  Sexual misconduct with an inmate, patient or offender

Other South Carolina laws that may apply to sexual abuse behind bars:

S.C. Code Ann. § 16-3-652 Criminal sexual conduct in the first degree
S.C. Code Ann. § 16-3-653 Criminal sexual conduct in the second degree
S.C. Code Ann. § 16-3-654 Criminal sexual conduct in the third degree
S.C. Code Ann. § 16-3-656 Criminal sexual conduct: assaults with intent to commit

42. SOUTH DAKOTA

In South Dakota, an employee of a detention facility who knowingly engages in sexual penetration with an inmate under his/her supervisory or disciplinary authority is guilty of a felony.

S.D. Codified Laws § 24-1-26.1 Sexual acts prohibited between prison employees and prisoners

Other South Dakota laws that may apply to sexual abuse behind bars:

S.D. Codified Laws § 22-22-1 Rape defined
S.D. Codified Laws § 22-22-2 Sexual penetration defined
S.D. Codified Laws § 22-22-28 Sexual contact by psychotherapist
S.D. Codified Laws § 22-22-29 Sexual penetration by psychotherapist
S.D. Codified Laws § 22-22-45 Threatening to commit a sexual offense

43. TENNESSEE

In Tennessee, it is a felony for an officer, corrections employee, vendor or volunteer to engage in sexual contact or penetration with an inmate.

Tenn. Code Ann. §39-16-408 Sexual contact with inmates

Other Tennessee laws that may apply to sexual abuse behind bars:

Tenn. Code Ann. § 39-13-502 Aggravated rape
Tenn. Code Ann. § 39-13-503 Rape
Tenn. Code Ann. § 39-13-504 Aggravated sexual battery
Tenn. Code Ann. § 39-13-505 Sexual battery
Tenn. Code Ann. § 39-13-511 Public indecency

44. TEXAS

Texas law prohibits an official, employee, volunteer at a correctional facility or a peace officer from engaging in sexual contact, intercourse or “deviate intercourse” with a person in custody or under correctional supervision.

Tex. Penal Code Ann. § 39.04  Improper sexual activity with person in custody

Other Texas laws that may apply to sexual abuse behind bars:

Tex. Penal Code Ann. § 21.08 Indecent exposure
Tex. Penal Code Ann. § 22.011 Sexual assault
Tex. Penal Code Ann. § 22.021 Aggravated sexual assault

45. UTAH

In Utah, a corrections official, law enforcement officer, employee, provider or contractor commits a misdemeanor if he/she engages in sexual intercourse, a sexual act or causes penetration to a person that he/she knew was in custody. 

Utah Code Ann. § 76-5-412 Custodial sexual relations

Other Utah laws that may apply to sexual abuse behind bars:

Utah Code Ann. § 76-5-402 Rape
Utah Code Ann. § 76-5-402.2 Object rape
Utah Code Ann. § 76-5-403 Sodomy
Utah Code Ann. § 76-5-404 Forcible sexual abuse
Utah Code Ann. § 76-5-406 Sexual offenses against the victim without consent of victim

46. VERMONT

Under Vermont law, a corrections employee, contractor or other person providing services in a correction facility is guilty of sexual exploitation of an inmate if he/she engages in a sexual act with a person in custody, on parole, probation, supervised community sentence or furlough.

Vt. Stat. Ann. tit. 13, § 3257 Sexual exploitation of an inmate

Other Vermont laws that may apply to sexual abuse behind bars:

Vt. Stat. Ann. tit. 13, § 3252 Sexual assault
Vt. Stat. Ann. tit, 13, § 3253 Aggravated sexual assault
Vt. Stat. Ann. tit. 13, § 3254 Consent

47. VIRGINIA

In Virginia, an employee or volunteer at a detention facility is guilty of a felony if he/she “carnally knows” without the use of force, threat or intimidation or sexually abuses an inmate, probationer, parolee or pre-trial or post-trial detainee under his/her authority..

Va. Code Ann. § 18.2-64.2 Carnal knowledge of an inmate, parolee, probationer, detainee or pre-trial or post-trial offender
Va. Code Ann. § 18.2-67.4 Sexual battery

Other Virginia laws that may apply to sexual abuse behind bars:

Va. Code Ann. § 18.2-61 Rape
Va. Code Ann. § 18.2-67.1 Forcible sodomy
Va. Code Ann. § 18.2-67.2 Object sexual penetration
Va. Code Ann. § 18.2-67.3 Aggravated sexual battery
Va. Code Ann. § 18.2-67.4:1 Infected sexual battery
Va. Code Ann. § 18.2-67.5 Attempted rape, forcible sodomy, object sexual penetration, sexual battery.

48. WASHINGTON

In Washington, it is a crime for an employee at the facility or a person that the victim believes has the ability to influence matters related to the victim’s detention or supervision to have sexual intercourse (first degree) or sexual contact (second degree) with a resident of a detention or work release facility or someone under correctional supervision.

Wash. Rev. Code § 9A.44.160 Custodial sexual misconduct in the first degree
Wash. Rev. Code § 9A.44.170 Custodial sexual misconduct in the second degree
Wash. Rev. Code § 9A.44.180 Custodial sexual misconduct; Defense

Other Washington laws that may apply to sexual violence behind bars:

Wash. Rev. Code § 9A.44.040 Rape in the first degree
Wash. Rev. Code § 9A.44.050 Rape in the second degree
Wash. Rev. Code § 9A.44.060 Rape in the third degree
Wash. Rev. Code § 9A.44.100 Indecent liberties
Wash. Rev. Code § 9A.44.115 Voyeurism

49. WEST VIRGINIA

In West Virginia, a corrections employee, parole or probation officer who engages in sexual intercourse or “sexual intrusion” with a someone who is incarcerated or under the supervision of parole or probation is guilty of a felony.

W. Va. Code Ann. § 61-8B-10 Imposition of sexual intercourse or sexual intercourse or sexual intrusion on incarcerated persons

Other West Virginia laws that may apply to sexual violence behind bars:

W. Va. Code Ann. § 61-8B-3 Sexual assault in the first degree
W. Va. Code Ann. § 61-8B-4 Sexual assault in the second degree
W. Va. Code Ann. § 61-8B-7 Sexual abuse in the first degree

50. WISCONSIN

Wisconsin’s custodial sexual misconduct provision is included within its expansive sexual assault law. Under this provision, it is a crime for a correctional staff member to have sexual contact or sexual intercourse with an individual confined in a correctional institution. 

Wis. Stat. Ann. § 940.225 Sexual assault

Other Wisconsin laws that may apply to sexual violence behind bars:

Wis. Stat. Ann. § 940.22 Sexual exploitation by therapist
Wis. Stat. Ann. § 940.29 Abuse of inmates

51. WYOMING

Wyoming’s sexual assault in the second degree law contains a custodial sexual misconduct provision. Under this provision, an employee, independent contractor or volunteer who “inflicts sexual intrusion” over someone in a corrections facility or under supervision of the correctional system is guilty of a felony.

Wyo. Stat. Ann. § 6-2-303 Sexual assault in the second degree

Other Wyoming laws that may apply to sexual violence behind bars:

Wyo. Stat. Ann. § 6-2-302 Sexual assault in the first degree
Wyo. Stat. Ann. § 6-2-304 Sexual assault in the third degree
Wyo. Stat. Ann. § 6-2-313 Sexual battery