The Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody crime in the state of Texas makes it illegal for peace officers and correctional officers and other staff (paid and unpaid) to unlawfully deprive someone in custody of their rights or to engage in sexual activity with prisoners. Learn more detailed information about the Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody offense below.

Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse Of Office.”

What is the current Texas law about Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody?

The current Texas law defines the offense of Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody in Penal Code Section §39.04 as follows:^[1]

(a) An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer commits an offense if the person 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 contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.

There is a second category of this offense found in subsection (f):

(f) An employee of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a juvenile facility, a local juvenile probation department, or a community supervision and corrections department established under Chapter 76, Government Code, a person other than an employee who works for compensation at a juvenile facility or local juvenile probation department, or a volunteer at a juvenile facility or local juvenile probation department commits an offense if the actor engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the actor knows is under the supervision of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department but not in the custody of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department.

How can I be charged with Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody?

You can be charged with Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody if the state’s attorneys believe that each of the elements of either 39.04(a) or 39.04(f) as described in the section above have been met.

What is the punishment for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody?

The punishment scheme for this offense changed in the 87th Texas Legislature in 2021.

For offenses falling under subsection (a)(1), the law is somewhat ambiguous regarding punishment. For offenses occuring prior to September 1, 2021, convictions for subsection (a)(1) of the Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody offense were punished as Class A misdemeanors.^[2]. But the Texas legislature passed two laws in 2021 that conflict with each other regarding punishment ifor those offenses that occur after September 1, 2021. Senate Bill 312 left those offenses classified as Class A misdemeanors, but House Bill 3157 amended the law to classify (a)(1) offenses as third degree felonies.^[3]

If the offenses falls under subsection (a)(2) and occurred after September 1, 2021, then a conviction for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody is punished as a second degree felony,^[4] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.

If the offense falls under subsection (a)(2) and the offense was committed against a juvenile, then a conviction for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody could be punished as a second degree felony for offenses that occurred before September 1, 2021, and for offenses that occurred after September 1, 2021, as a first degree felony,^[5] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years, under the version of the law passed in H.B. 3157, 87th Legislature. But again there is a conflict in the law, as Senate Bill 312 got rid of that enhancement entirely. Learn about the differences between grades of felonies and misdemeanors

If the offense falls under subsection (f) then a conviction for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody is punished as a state jail felony^[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

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Legal References:

^1. Texas Penal Code §39.04^2. See S.B. 312, 87th Texas Legislature, Section 1, and H.B. 3157, 87th Texas Legislature, Section 1^3. Texas Penal Code §39.04(b) as amended by S.B. 312, 87th Texas Legislature, Sections 1-3, and H.B. 3157, 87th Texas Legislature, Sections 1-3^4. Texas Penal Code §39.04(b), as amended by S.B. 312, 87th Texas Legislature, Section 1, and H.B. 3157, 87th Texas Legislature, Section 1^5. Texas Penal Code §39.04(b)(1),(2), as amended by S.B. 312, 87th Texas Legislature, Section 1^6. Texas Penal Code §39.04(b)