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Sex with a Confined Adult / Inmate
Law & Punishment
Information on the crime of sexual activity with a consenting, but involuntarily confined adult, is found at California penal code 289.6. This brief overview describes the law and punishment related to PC 289.6 crimes. For further information, call our sex crimes criminal defense lawyers today.
PC 289.6 Laws
PC 289.6(a)(1): An employee of a public health facility, …who engages in sexual activity with a consenting adult, but who is involuntarily confined in …the health facility, is guilty sexual conduct with a confined adult (PC 289.6(a)(1) Abbrev.).
Example: A nurse who has sexual activity with a patient in a mental hospital for the criminally insane, if guilty of sexual activity with a confined patient, regardless of whether the patient consented (PC 289.6(a)(1))
PC 289.6(a)(2): An employee, officer, deputy, or volunteer, of a public entity detention facility (jail, prison, work camp, detention center, etc.), …who engages in sexual activity with a consenting adult, but who is confined in a detention facility, is guilty of sexual activity with a confined adult (PC 289.6(a)(2) Abbrev.).
Example: A sheriff’s deputy who has sex with an inmate or prisoner, while the sheriff deputy is acting in his or her official capacity as such, is guilty of sex with an inmate or prisoner (PC 289.6(a)(2)).
PC 289.6(a)(3): An employee or agent with the department of corrections and rehabilitation, …who, during the course of his or her employment, directly provides treatment, care, control, or supervision of inmates, wards, or parolees, and who engages in sexual activity with a consenting adult who is an inmate, ward, prisoner, or parolee, is guilty of sexual activity with a confined adult, prisoner, or inmate (PC 289.6(a)(3) Abbrev.).
Example: A parole agent who has sex with a parolee in the parole agent’s office, is likely facing PC 289.6(a)(3) criminal charges. This is true even if the parolee is not physically confined, because the parolee is not allowed to leave the parole officer’s office without consent.
Note: A “detention facility” means: A jail, correctional facility, prison, work camp, or any place for involuntary confinement of inmates, prisoners, or parolees, that house houses adults or minors, and any room or transportation vehicle used to for such purpose (i.e., interview room, interrogation room, law enforcement vehicle, court hold facility, etc.).
Sexual Activity Means: Sexual intercourse, sodomy, oral copulation, sexual penetration, or other lewd sexual conduct (PC 289.6(d) Abbrev.).
Conjugal Visits: Conjugal visits, which are previously authorized to take place in the area provided for such purpose is not a violation of PC 289.6. Similarly, medical examinations conducted by authorized persons is not a violation of PC 289.6 (PC 289.6(f) Abbrev.).
Note: PC 289.6 crimes have to do with an involuntarily confined adult, such as an inmate or prisoner, but who otherwise consents to the sexual activity. If the confined adult does not consent, then more serious criminal charges would apply.
For example, oral copulation by threats of retaliation on a confined adult (non-consensual), is a much more serious crime than oral copulation on a confined adult, but who otherwise consents to the sexual conduct.
PC 289.6 Punishment
PC 289.6(a)(1) Sexual Activity with a Confined Adult: is charged as a misdemeanor. If found guilty of sex with a confined adult charged under PC 289.6(a)(1), the defendant could face up to 180 days in the county jail.
PC 289.6(a)(2) Sexual Activity with an Inmate: is charged either as a felony, or alternative as a misdemeanor. If the defendant is found guilty of felony PC 289.6(a)(2), then he or she may face up to three (3) years in the county jail. A misdemeanor violation of a PC 289.6(a)(2) may result in a jail sentence of up to one (1) year.
PC 289.6(a)(3) Sexual Activity with a Prisoner: is charged either as a felony, or alternative as a misdemeanor. If the defendant is found guilty of felony PC 289.6(a)(3), then he or she may face up to three (3) years in the county jail. A misdemeanor violation of a PC 289.6(a)(3) may result in a jail sentence of up to one (1) year.
Probation Sentence: A probation sentence, as opposed to a jail or prison sentence, is allowed in PC 289.6 cases; however, a probation sentence is not guaranteed after a conviction for sexual activity with a confined adult, patient, or inmate.
Whether a probation sentence is granted after a conviction for PC 289.6 depends on many factors, including the defendant’s criminal history, the sophistication of the crime, and more.
Split & Suspended Prison Sentence: If the defendant is convicted of a felony PC 289.6 crime, and he or she is not granted a probation sentence, then the defendant must serve his or her incarceration in a California state prison, and no part of that prison sentence may be served out-of-custody on work release or house arrest.
Sex Offender Registration: Sex offender registration is not mandatory after a conviction for sexual activity with a confined adult; however, if the judge finds that the PC 289.6 crime was committed as a result of the defendant’s uncontrollable sexual compulsion or sexual urges, then the judge may order the defendant to register as a sex offender for ten (10) years (PC 290 & PC 290.5).
Additional Penalties: In addition to the penalties listed above, if found guilty of sexual activity with a confined adult, the defendant may face any of these additional penalties: court fines and fees, criminal protective orders, civil lawsuits, loss of immigration status, loss of a professional license, discharge or denial of entry into the armed forces, restitution orders, and more.
PC 289.6 Defenses
Common defenses to a criminal charge of sexual activity with a confined adult include, statute of limitations, coerced confessions, illegal search and seizure of evidence, alibi defense, duress, and more.
Note: Consent to engage in sexual activity on the part of the victim (confined adult) is not a defense in any PC 289.6 crime.
If you have been charged with a violation of penal code 289.6, sexual activity with a confined consenting adult, contact our sex crimes criminal defense lawyers today for a free consultation. Our team of experienced sex crime defense attorneys have helped hundreds of defendants charged with misdemeanor and felony sex crimes in the Inland Empire, and we can help you too. Call today!