Fresno DUI & Criminal Defense | Prison Employee Having Sex with an Inmate

PC 289.6 Employee, Officer, or Agent of health or Detention Facility or Employee Associated with Youth and Adult Correctional Agency Prohibited from Engaging in Sexual Activity with Confined Consenting Adult

PC 289.6(a)(1) An employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health facility or staff for a health facility under contract with a public entity, who engages in sexual activity with a consenting adult who is confined in a health facility is guilty of a public offense. As used in this paragraph, "health facility" means a health facility as defined in subdivisions (b) (e), (g), (h), and (i) and sub-paragraph (C) of paragraph (2) of subdivisions (i) of Section 1250 of the health and safety Code, in which the victim has been confined involuntarily.

(2) As employee or officer of a public entity detention facility, or an employee, officer, or agent of a private person or entity that provides a detention facility or staff for a detention facility, or person or agent of a public or private entity under contract with a detention facility, or a volunteer of a private or public entity detention facility, who engages in sexual activity with a consenting adult who is confined in a detention facility is guilty of a public offense

(3) An employee with a department, board, or authority under the Youth and adult Correctional Agency or a facility under contract wit ha department board, or authority under the Youth and Adult Correctional Agency, who, during the course of his or her employment directly provides treatment ,care, control, or Supervision of inmates, wards, or parolees, and who engages in sexual activity with a consenting adult who is an inmate, ward, or parolee, is guilty of a public offense

(b) As used in this section, the term "public entity" means the state, federal government, a city, a county, a city and county, a joint county jail district, or any entity created as a result of a joint powers agreement between two or more public entities.

(c) As used in this section, the term "detention facility" means:

(1) A prison, jail, camp, or other correctional facility used for the confinement of adults or both adults and minors.

(2) A building or facility used for the confinement of adults or adults and minors pursuant to a contract

(3) A room that is used for holding persons for interviews, interrogations, or investigations and that is separate from a jail or located n the administrative areas of a law enforcement facility.

(4) A vehicle used to transport confined persons during their period of confinement.

(5) A court holding facility located within or adjacent to a court building that is used for the confinement of persons for the purpose of court appearances.

(d) As used in this section, "sexual activity" means:

(1) sexual Intercourse

(2) Sodomy, as defined in subdivisions (a) of Section 286.

(3) Oral Copulation, as defined in subdivisions (a) of PC 288a.

(4) Sexual penetration, as defined in subdivision (k) of Section 289.

(5) The rubbing or touching of the breasts or sexual organs of another, or of oneself in the presence of and with the knowledge of another, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or another.

(e) Consent by a confined person or parolee to sexual activity proscribed by this section is not a defense to a criminal prosecution for violation of this section.

(f) This section does not apply to sexual activity between consenting adults that occurs during an overnight conjugal visit that takes place pursuant to a court order or with the written approval of an authorized representative of the public entity that operates or contracts for the operation of the detention facility where the conjugal visit takes place, to physical contact or penetration made pursuant to a lawful search, or bona fide medical  examinations or treatments, including clinical treatments.

(g) Any violation of paragraph (1 of subdivisions (a), as described in paragraph (1), (2), (3), or (4) of subdivisions  (d), shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, or by a fine of not more than ten thousand dollars ($10,000) or by both that fine and imprisonment.

(i) Any person previously convicted of a violation of this section shall, upon a subsequent violation, be guilty of a felony.

(j) Anyone who is convicted of a felony violation of this section who is employed by a department, board, or authority within the Youth and Adult Correctional Agency shall be terminated in accordance with the state civil Service Act (Part 2 (commencing with Section 18500) of Title 2 of Divisions 5 of the Government Code). Anyone who has been convicted of a felony violation of this section shall not be eligible to be hired or reinstated by a department, board, or authority within the Youth and Adult Correctional Agency.

What are the elements of PC 289.6?

1. Defendant was an employee or officer of a public entity, or an employee, officer, or agent of a private person that provided a detention facility or staff for such.

2. Defendant engaged in sexual activity with Victim.

3. Victim was confined at said facility.

4. Victim consented to the sexual activity

Can I go to prison for violating PC 289.6?

Yes, for as long as 3 years.  However, this could also be a misdemeanor with a maximum jail sentence of 180 wand probation can also result after a conviction.  It is important to hire an effective attorney if you are charged with violating this code section.

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