§ 14-11-30 — Definitions

When used in this article, the following words shall have the following meanings:
(1) CUSTODY. Any of the following:
a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution, any detention facility for children or youthful offenders.
c. Parole or mandatory supervised release.
d. Electronic home detention.
e. Parole or probation.
(2) EMPLOYEE. An employee or contractual employee of any governmental agency of the state, county, or municipality that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or detention facility.
(3) SEXUAL CONDUCT. Any of the following acts:
a. Sexual intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required.
b. Sexual contact. Any known touching for the purpose of sexual arousal, gratification, or abuse of the following:
1. The sexual or other intimate parts of the victim by the actor.
2. The sexual or other intimate parts of the actor by the victim.
3. The clothing covering the immediate area of the sexual or other intimate parts of the victim or actor.
c. Sexual intrusion. Any intrusion, however slight, by any object or any part of the body of a person into the genital, anal, or oral opening of the body of another person if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

Legislative History

(Act 2004-298, p. 420, §1.)