§ 13-1409 — Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions

A. An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either:

1. Threatening to negatively influence the victim's supervision or release status.

2. Offering to positively influence the victim's supervision or release status.

B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with a victim who is at least fifteen years of age and under eighteen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.

C. For the purposes of this section:

1. "Adult probation department employee or juvenile court employee" means an employee of an adult probation department or the juvenile court who either:

(a) Through the course of employment, directly provides treatment, care, control or supervision to a victim.

(b) Provides presentence or predisposition reports directly to a court regarding the victim.

2. "Victim" means a person who is either of the following:

(a) Subject to conditions of release or supervision by a court.

(b) A minor who has been referred to the juvenile court.