H 8272Police & Prisons

Criminal Offenses - Law Enforcement Sexual Misconduct

Criminalizes sexual acts between police officers and individuals who are detained, in custody, or under investigation.

Introduced68 Yea2 Nay5 Not voting

Population
Affected

Introduced Mar 11, 2026Committee House Judiciary

Plain-English Summary

This bill establishes a new criminal offense known as "law enforcement sexual misconduct." It makes it illegal for a peace officer (police officer) to engage in sexual penetration or sexual contact with a person who is currently detained, arrested, in custody, or being investigated by law enforcement. The bill explicitly states that a victim cannot legally consent to sexual acts under these circumstances due to the power imbalance. Violations are felonies punishable by up to five years in prison for penetration and up to eighteen months for sexual contact.

For younger readers

This new rule creates a law that says police officers are not allowed to do anything sexual with people they are in charge of. When a police officer arrests someone or is questioning them, that person has to listen to the officer, so the officer has a lot of power. Because of this, it is not fair or safe for them to have a sexual relationship. Even if the person says it is okay, this law says it is still wrong because of the situation. If an officer breaks this rule, they can go to jail.

Who & Where It Applies

Impacted groups

Peace OfficersDetaineesIndividuals in CustodyCrime VictimsSuspects under investigation

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Codifies that individuals in police custody cannot legally consent to sexual acts with officers, acknowledging the inherent power imbalance and potential for coercion.
Provides a specific legal mechanism to prosecute predatory behavior by law enforcement, potentially increasing police accountability and protecting vulnerable populations.
Closes legal loopholes that have historically allowed officers to claim sexual encounters with detainees were consensual to avoid punishment.
Mandates that sentences run concurrently with other sentences in the same case, which effectively reduces the total prison time an officer might face for multiple offenses.
Includes an affirmative defense allowing officers to claim the victim used "force or coercion," which could be weaponized by defense attorneys to victim-blame detainees.
The maximum penalty of five years for sexual penetration under color of law may be viewed as too lenient compared to the severity of the violation of public trust.

For Conservatives

Reinforces the rule of law by holding public servants to high ethical standards and punishing the abuse of government authority.
Protects citizens from government overreach and physical violation by agents of the state who have stripped them of their liberty.
Establishes clear boundaries for professional conduct, potentially reducing civil liability lawsuits against police departments and municipalities.
The broad definition including anyone "subject of an investigation" could potentially criminalize consensual relationships if an officer is unaware the partner is part of a wider inquiry.
Removing consent as a defense could theoretically lead to the conviction of officers who engaged in truly consensual acts that had no impact on their duties.
Could leave officers vulnerable to false accusations by detainees seeking leverage in their own criminal cases, with limited defenses available.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 34 additions

SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby amended by adding thereto the following chapter: 11-71-1. Definitions. The following words and phrases, when used in this chapter, have the following meanings:

(1) "Force or coercion" shall have the same meaning as in § 11-37-1.

(2) "Peace officer" shall have the same meaning as in § 12-7-21.

(3) “Sexual contact” shall have the same meeting as in § 11-37-1.

(4) “Sexual penetration” shall have the same meaning as in § 11-37-1. 11-71-2. Law enforcement sexual penetration prohibited.

(a) A person is guilty of law enforcement sexual penetration if:

(1) He or she is a peace officer; and

(2) Engages in sexual penetration during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.

(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed five (5) years.

(c) It shall be an affirmative defense that the act of sexual penetration resulted from force or coercion by the alleged victim or victims.

(d) Consent of the victim shall not be a defense to a prosecution under this section.

(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case. 11-71-3. Law enforcement sexual contact prohibited.

(a) A person is guilty of law enforcement sexual contact if:

(1) He or she is a peace officer; and

(2) Engages in sexual contact during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.

(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed eighteen (18) months.

(c) It shall be an affirmative defense that the act of sexual contact resulted from force or coercion by the alleged victim or victims.

(d) Consent of the victim shall not be a defense to a prosecution under this section.

(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.

SECTION 2. This act shall take effect upon passage.