Tex. Penal Code § 39.041 · Chapter 39. ABUSE OF OFFICE
IMPROPER SEXUAL ACTIVITY WITH COMMITTED PERSON.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "deviate sexual intercourse," "sexual contact," and "sexual intercourse" have the meanings assigned by Section 21.01.
(b) An officer or employee of the Texas Civil Commitment Office, a person who contracts with this state to perform a service in a civil commitment facility or an employee of that person, or a volunteer at a civil commitment facility commits an offense if the person intentionally engages in deviate sexual intercourse, sexual contact, or sexual intercourse with a person committed to a civil commitment facility.
(c) An offense under this section is a felony of the third degree.
(d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the actor was the spouse of the person committed to the civil commitment facility.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 6, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.39.htm
- Text hash
- sha256 97e9353921604b5c675eb98e2b3989ce23283f047c572db7b2fe6bfe7080e6ef
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.