Section 3-314 - Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child.
§ 3-314. Sexual conduct between correctional or Department of Juvenile Services employee and inmate or confined child.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) (i) "Correctional employee" means a:
1. correctional officer, as defined in § 8-201 of the Correctional Services Article; or
2. managing official or deputy managing official of a correctional facility.
(ii) "Correctional employee" includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.
(3) (i) "Inmate" has the meaning stated in § 1-101 of this article.
(ii) "Inmate" includes an individual confined in a community adult rehabilitation center.
(b) Prohibited - Correctional employee with inmate.-
(1) This subsection applies to:
(i) a correctional employee;
(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility;
(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and
(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis.
(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an inmate.
(c) Prohibited - Department of Juvenile Services employee with confined child.- A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department, a detention center for juveniles, or a facility for juveniles listed in § 9-226(b) of the Human Services Article.
(d) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.
(e) Sentencing.- A sentence imposed for violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under §§ 3-303 through 3-312 of this subtitle.
[An. Code 1957, art. 27, § 464G; 2002, ch. 26, § 2; ch. 266, § 1; 2003, ch. 53, § 4; 2007, ch. 8, § 1; ch. 458.]