AN ACT RELATING TO CRIMINAL OFFENSES -- LAW ENFORCEMENT SEXUAL MISCONDUCT (Makes sexual contact or penetration between any law enforcement officer that is on duty and a person that is a detainee, arrestee, in custody or a suspect a felony.)

S2157

2026 -- S 2157
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LC003515
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- LAW ENFORCEMENT SEXUAL MISCONDUCT

Introduced By:
Senators Bell, Ciccone, Urso, Bissaillon, Murray, Thompson, Gu,
Ujifusa, Quezada, and Valverde

Date Introduced:
January 16, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 71
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LAW ENFORCEMENT SEXUAL MISCONDUCT
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11-71-1. Definitions.

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The following words and phrases, when used in this chapter, have the following meanings:
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(1) "Force or coercion" shall have the same meaning as in § 11-37-1.
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(2) "Peace officer" shall have the same meaning as in § 12-7-21.
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(3) “Sexual contact” shall have the same meeting as in § 11-37-1.
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(4) “Sexual penetration” shall have the same meaning as in § 11-37-1.
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11-71-2. Law enforcement sexual penetration prohibited.

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(a) A person is guilty of law enforcement sexual penetration if:
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(1) He or she is a peace officer; and
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(2) Engages in sexual penetration during the course of duty with another person who has
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been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a
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correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or
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questioning.
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(b) A person convicted of a violation of this chapter shall be punished by imprisonment for
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a period not to exceed five (5) years.

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(c) It shall be an affirmative defense that the act of sexual penetration resulted from force
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or coercion by the alleged victim or victims.
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(d) Consent of the victim shall not be a defense to a prosecution under this section.
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(e) Any sentence imposed under this chapter shall run concurrently with any other sentence
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imposed for the same case.
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11-71-3. Law enforcement sexual contact prohibited.

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(a) A person is guilty of law enforcement sexual contact if:
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(1) He or she is a peace officer; and
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(2) Engages in sexual contact during the course of duty with another person who has been
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seized, is detained, has been placed in custody, has been placed under arrest, is confined in a
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correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or
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questioning.
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(b) A person convicted of a violation of this chapter shall be punished by imprisonment for
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a period not to exceed eighteen (18) months.
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(c) It shall be an affirmative defense that the act of sexual contact resulted from force or
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coercion by the alleged victim or victims.
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(d) Consent of the victim shall not be a defense to a prosecution under this section.
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(e) Any sentence imposed under this chapter shall run concurrently with any other sentence
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imposed for the same case.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- LAW ENFORCEMENT SEXUAL MISCONDUCT
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This act would make sexual contact or penetration between any law enforcement officer
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that is on duty and a person that is a detainee, arrestee, in custody or a suspect during questioning,
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a felony.
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This act would take effect upon passage.
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LC003515
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