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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Renumbered 9/1/94 from 39.021
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) [amended 9/1/97] An official or employee of a correctional facility or a peace officer commits an offense if he intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or
(2) engages in sexual intercourse or deviate sexual intercourse with an individual in custody.
(b) [amended 9/1/97] An offense under Subsection (a)(1) is a Class A misdemeanor. An offense under Subsection (a)(2) is a state jail felony.
(c) This section shall not preclude prosecution for any other offense set out in this code.
(d) The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death.
(e) [amended 9/1/97] In this section:
(1) "Custody" means the detention, arrest, or confinement of a person.
(2) "Sexual intercourse" and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
Eff 9/1/97 name of this section was changed by adding phrase "Improper Sexual Activity with Person in Custody" Before 9/1/97 (a), (b) and (e) provided: ]
(a) An official or employee of a correctional facility or a peace officer commits an offense if he intentionally denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful.
(b) An offense under this section is a Class A misdemeanor.
(e) In this section, "custody" means the detention, arrest, or confinement of a person.
A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.
This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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