Bill No. 36-0024 - An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person
COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 06/25/2025-AMENDED AND REPORTED OUT TO THE FLOOR 06/05/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 04/03/2025-HELD IN COMMITTEE BILL NO. 36-0024 Thirty-Sixth Legislature of the Virgin Islands February 27, 2025 An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person is in police custody PROPOSED BY: Senator Ray Fonseca Co-sponsor: Milton E. Potter Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 14 Virgin Islands Code, chapter 85 is amended by adding section 2 1710 as follows: 3 “§ 1710. …
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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 06/25/2025-AMENDED AND REPORTED OUT TO THE FLOOR 06/05/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 04/03/2025-HELD IN COMMITTEE BILL NO. 36-0024 Thirty-Sixth Legislature of the Virgin Islands February 27, 2025 An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person is in police custody PROPOSED BY: Senator Ray Fonseca Co-sponsor: Milton E. Potter Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 14 Virgin Islands Code, chapter 85 is amended by adding section 2 1710 as follows: 3 “§ 1710. Consent; victim in police custody 4 (a) A person is incapable of consent to sexual relations when the person is 5 detained, including traffic stops and questioning pursuant to an investigation, under 6 arrest, or is otherwise in the custody of a police officer or other law enforcement official, 7 and the offender is a police officer or other law enforcement official who either: 8 (1) detained or arrested the person or is responsible for the person’s 9 custody; or 10 2 (2) knows or should reasonably know that the person is under arrest or in 1 custody. 2 (b) As used in this section: 3 (1) “Law enforcement official” means a person who is responsible for the 4 prevention, investigation, apprehension or detention of individuals suspected or 5 convicted of offenses against the criminal laws, including a peace officer 6 empowered to enforce the law through peace officer standards and training 7 certification. 8 (2) “Sexual relations” means sexual contact, sexual intercourse, or sodomy 9 as defined in section 1699 of this chapter.” 10 BILL SUMMARY 11 This bill amends title 14 Virgin Islands Code, chapter 85 by adding section 1710 12 declaring a person incapable of consent to sexual relations when the person is in the custody of 13 a police officer or other law enforcement official who is either responsible for the person’s 14 custody or knows or should reasonably know that the person is in custody. 15 BR25-0240/February 3, 2025/GC 16 S:\AMENDS\36th Legislature\FONSECA, RAY\Amendment 36-348\Amendment 36- 17 348- DRAFTED ON YELLOW.docx 18