(a) As used in this section, the following terms have the following meanings: (1) EMPLOYEE. Any individual who is an employee, contractual employee, or volunteer at an inpatient substance use disorder treatment program or inpatient mental health facility and who has the responsibility for the care, treatment, control, or supervision of patients in the facility. (2) PATIENT. Any individual who is a patient in an inpatient substance use disorder treatment program, where the individual is not allowed unsupervised access to the public, or who is committed to an inpatient mental health facility. (3) SEXUAL CONDUCT. The term as defined in Section 14-11-30. (b) A person commits the crime of inpatient custodial sexual misconduct if the person is an employee and solicits or engages in sexual conduct with any other person who is a patient at an inpatient substance use disorder treatment facility or committed to an inpatient mental health facility pursuant to Article 1, Chapter 52, Title 22. (c) A violation of this section is a Class C felony. (d)(1) It is the public policy of the state to prohibit without exception all inpatient custodial sexual misconduct. (2) For purposes of prosecution under this section, consent is not a defense and the issue of whether a patient in an inpatient substance use disorder treatment program or inpatient mental health facility consented to any sexual conduct is immaterial.
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