The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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F.S. 951.221

951.221 Sexual misconduct between detention facility employees and inmates; penalties.—

(1) Any employee of a county or municipal detention facility or of a private detention facility under contract with a county commission who engages in sexual misconduct, as defined in s. 944.35(3)(b)1., with an inmate or an offender supervised by the facility without committing the crime of sexual battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The consent of an inmate to any act of sexual misconduct may not be raised as a defense to prosecution under this section.

(2) Notwithstanding prosecution, any violation of this section, as determined by the administrator of the facility, constitutes sufficient cause for dismissal of the violator from employment, and such person may not again be employed in any capacity in connection with the correctional system.

History.—s. 3, ch. 2001-92.

F.S. 951.221 on Google Scholar

F.S. 951.221 on Casetext

Amendments to 951.221

Arrestable Offenses / Crimes under Fla. Stat. 951.221

Level: Degree
Misdemeanor/Felony: First/Second/Third

S951.221 1 - SEX OFFENSE - CTY CNTY PRIVATE EMP SEX MISCOND W INMATE OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. FRANKLIN, L. v. TATUM,, 627 F. App'x 761 (11th Cir. 2015)

. . . . § 951.221(1) (making sexual misconduct with an inmate (including sexual intercourse, see Fla. . . . Stat. § 951.221 (making sexual misconduct between detention facility employees and inmates a third-degree . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . 113 So.3d 754], and 2014. 11.19 SEXUAL MISCONDUCT BETWEEN DETENTION FACILITY EMPLOYEES AND INMATES § 951.221 . . . At the time, (inmate) was an [inmate] [offender supervised by the facility]. § 951.221(1), Fla. . . . Definitions. § 951.221(1), Fla. Stat. and § 9U-S5(3)(b)l, Fla. Stat. . . . Lesser Included Offenses SEXUAL MISCONDUCT BETWEEN DETENTION FACILITY EMPLOYEES AND INMATES —951.221( . . .

LEWIS, v. STATE, 898 So. 2d 1081 (Fla. Dist. Ct. App. 2005)

. . . Lewis appeals the sentence imposed after a jury convicted him of a violation of section 951.221(1), Florida . . . when the defendant is convicted of a violation of section 944.35(3)(b)2., which is similar to section 951.221 . . . section 921.0021(7) does not exempt victim injury points from being assessed for a violation of section 951.221 . . . does not provide the same exemption to a county or municipal detention worker who violates section 951.221 . . .

M. JORDAN, v. STATE, 801 So. 2d 1032 (Fla. Dist. Ct. App. 2001)

. . . subsequently charged with introduction of contraband into a county detention facility in violation of section 951.221 . . .