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TCA 39-16-408

Sexual contact with inmates

FELONY EClass E Felony
Sentence enhancement may apply

What does this charge mean?

It is illegal for law enforcement officers, correctional employees, vendors, or volunteers to engage in any sexual contact or sexual penetration with a prisoner or inmate in their custody, whether at the prison or elsewhere. This applies to all people working in correctional facilities, including private contractors. A conviction is a Class E felony punishable by 1-6 years in jail and up to $3,000 in fines.

Penalty Details

ClassificationClass E Felony
Maximum Jail1-6 years
Maximum Fine$3,000
Penalty SummaryClass E felony; 1-6 years; fine up to $3,000
(a) For purposes of this section, unless the context otherwise requires: (1) “Law enforcement officer” and “correctional employee” include a person working in that capacity as a private contractor or employee of a private contractor; and (2) “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. (b) 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. (c) A violation of this section is a Class E felony.
View on official sourceLast verified: Feb 25, 2026

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Quick Facts

FELONY E
TCA Section39-16-408
Max Jail1-6 years
Max Fine$3,000
Recent Bookings1+

Geographic Distribution

Houston
1