Bill Sponsors
Bell, Ciccone, Urso, Bissaillon, Murray, Thompson, Gu, Ujifusa, Quezada, and Valverde
Committee
Senate Judiciary
Summary
Select
This legislation creates a new chapter in the state criminal code specifically addressing sexual misconduct by law enforcement officers. It establishes two new crimes: "law enforcement sexual penetration" and "law enforcement sexual contact." These offenses apply when a peace officer engages in sexual acts while on duty with an individual who is detained, arrested, held in custody, or being questioned. The bill explicitly states that a victim's consent is not a legal defense for the officer. Penalties include imprisonment of up to five years for penetration and up to eighteen months for sexual contact.
Sponsor
Analysis
Pros for Progressives
- Acknowledges the inherent power imbalance between police and civilians by removing "consent" as a valid legal defense for officers who engage in sexual acts with detainees.
- Provides a specific legal mechanism to hold law enforcement accountable for predatory behavior, potentially reducing instances of sexual violence within the criminal justice system.
- Protects vulnerable populations, including those in custody or under investigation, who are disproportionately likely to be targets of coercion and abuse by authority figures.
Cons for Progressives
- Mandates that sentences run concurrently with other sentences in the same case, which effectively nullifies additional prison time if the officer is convicted of other related crimes simultaneously.
- The maximum penalty of five years for sexual penetration by a person in a position of authority may be viewed as too lenient compared to the severity of the trauma inflicted.
- Includes an affirmative defense allowing officers to claim the victim forced or coerced them, which could be utilized to victim-blame or complicate prosecution.
Pros for Conservatives
- Strengthens the rule of law by establishing clear ethical boundaries for public servants and ensuring that those enforcing the law are held to high standards of conduct.
- Protects citizens from government overreach and abuse of power by state agents who have deprived individuals of their liberty.
- Helps maintain the integrity and public reputation of law enforcement agencies by criminalizing conduct that disgraces the profession.
Cons for Conservatives
- The removal of consent as a defense could be viewed as government overreach into personal interactions if interpreted too broadly, though the context is restricted to custody/duty.
- Could be perceived as legislation driven by anti-police sentiment, potentially discouraging individuals from entering the law enforcement profession due to fear of increased legal liabilities.
- The affirmative defense places the burden of proof on the officer to prove they were coerced, which some may view as shifting the traditional burden of justice in complex scenarios.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Peace officers
- Detainees
- Arrest suspects
- Crime victims
- Inmates
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Regulatory
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby amended by adding thereto the following chapter: CHAPTER 71 LAW ENFORCEMENT SEXUAL MISCONDUCT
11-71-1. Definitions.
The following words and phrases, when used in this chapter, have the following meanings:
(1) "Force or coercion" shall have the same meaning as in § 11-37-1.
(2) "Peace officer" shall have the same meaning as in § 12-7-21.
(3) “Sexual contact” shall have the same meeting as in § 11-37-1.
(4) “Sexual penetration” shall have the same meaning as in § 11-37-1.
11-71-2. Law enforcement sexual penetration prohibited.
(a) A person is guilty of law enforcement sexual penetration if:
(1) He or she is a peace officer; and
(2) Engages in sexual penetration during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.
(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed five (5) years.
(c) It shall be an affirmative defense that the act of sexual penetration resulted from force or coercion by the alleged victim or victims.
(d) Consent of the victim shall not be a defense to a prosecution under this section.
(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.
11-71-3. Law enforcement sexual contact prohibited.
(a) A person is guilty of law enforcement sexual contact if:
(1) He or she is a peace officer; and
(2) Engages in sexual contact during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.
(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed eighteen (18) months.
(c) It shall be an affirmative defense that the act of sexual contact resulted from force or coercion by the alleged victim or victims.
(d) Consent of the victim shall not be a defense to a prosecution under this section.
(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.
SECTION 2. This act shall take effect upon passage.
11-71-1. Definitions.
The following words and phrases, when used in this chapter, have the following meanings:
(1) "Force or coercion" shall have the same meaning as in § 11-37-1.
(2) "Peace officer" shall have the same meaning as in § 12-7-21.
(3) “Sexual contact” shall have the same meeting as in § 11-37-1.
(4) “Sexual penetration” shall have the same meaning as in § 11-37-1.
11-71-2. Law enforcement sexual penetration prohibited.
(a) A person is guilty of law enforcement sexual penetration if:
(1) He or she is a peace officer; and
(2) Engages in sexual penetration during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.
(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed five (5) years.
(c) It shall be an affirmative defense that the act of sexual penetration resulted from force or coercion by the alleged victim or victims.
(d) Consent of the victim shall not be a defense to a prosecution under this section.
(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.
11-71-3. Law enforcement sexual contact prohibited.
(a) A person is guilty of law enforcement sexual contact if:
(1) He or she is a peace officer; and
(2) Engages in sexual contact during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.
(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed eighteen (18) months.
(c) It shall be an affirmative defense that the act of sexual contact resulted from force or coercion by the alleged victim or victims.
(d) Consent of the victim shall not be a defense to a prosecution under this section.
(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.
SECTION 2. This act shall take effect upon passage.