Tennessee § 39-16-409 - Sexual contact with probationer or parolee.

§ 39-16-409. Sexual contact with probationer or parolee.

For purposes of this section, unless the context otherwise requires: “Probation and parole officer” means a probation and parole officer as defined in § 40-28-102; and “Probationer or parolee” means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the department of correction. For the purpose of this section only, “probationer or parolee” does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage. It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501, whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee. A violation of this section is a Class E felony. Acts 2008, ch. 1200, § 1; 2012, ch. 727, § 7. Compiler's Notes. For the Preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended the definition of “probationer or parolee” in (a) and amended subsection (b), shall be fully accomplished on or before January 1, 2013. Cross-References. Penalty for Class E felony, § 40-35-111 .