Reference Number: 
CTAS-2130

Under TCA 39-16-408(a through c), "Law enforcement officer" and "correctional employee" include a person working in that capacity as a private contractor or employee of a private contractor; and "Volunteer" means any person who, after fulfilling the appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the correctional agency, except for compensation for those expenses incurred directly as a result of the volunteer service.

It is an offense for a law enforcement officer, correctional employee, vendor or volunteer to engage in sexual contact or sexual penetration, as such terms are defined in § 39-13-501, with a prisoner or inmate who is in custody at a penal institution as defined in § 39-16-601, whether the conduct occurs on or off the grounds of the institution.

A violation of this section is a Class E felony.

Sexual conduct between facility employees, volunteers or contract personnel and inmates is prohibited and subject to administrative, disciplinary and criminal sanctions.  The prohibition applies regardless of consent.  Rules of the Tennessee Corrections Institute, Rule 1400-1-.13(30).