CHAPTER 282

FORMERLY

SENATE BILL NO. 491

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE TO CREATE THE OFFENSE OF SEXUAL RELATIONS IN A DETENTION FACILITY.

WHEREAS, sexual relations between inmates and guards and Inmates and inmates is a serious threat to security at a correctional facility.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 11 of the Delaware Code to create a new Section 1259 thereto which shall read as follows:

"§1259. Sexual Relations in a Detention Facility

A person is guilty of sexual relations in a detention facility when being a person in custody at a detention facility or being an employee working at a detention facility he or she engages in sexual intercourse or deviate sexual intercourse on the premises of a detention facility. It shall be no defense that such conduct was consensual. Violation of this section shall be a class D felony."

Approved June 27,1980.