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Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody

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.”

Have you been charged with Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody? Call criminal lawyer Paul Saputo at (888) 239-9305.

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

The offense is described in Section 39.04 of the Texas Penal Code.

(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.

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 39.04(a) 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?

If the offense falls under subsection (a)(1) then a conviction for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody is punished as a Class A misdemeanor,1 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the offenses falls under subsection (a)(2) 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,2 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.

If the offenses falls under subsection (a)(2) and the offense committed it against a juvenile then a conviction for Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody is punished as a Felony of the Second Degree,3 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.Learn about the differences between grades of felonies and misdemeanors


Legal References:

1Texas Penal Code Section 39.04(b)

2Texas Penal Code Section 39.04(b)

3Texas Penal Code Section 39.04(b)(1),(2)

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