PUBLIC SAFETY — BILL NO. 36-0024
COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 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 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, under arrest, or is otherwise in the custody of a police officer or other law 6 enforcement official, and the offender is a police officer or other law enforcement official 7 who either: 8 (1) detained or arrested the person or is responsible for the person’s 9 custody; or 10 (2) knows or should reasonably know that the person is under arrest or in 11 custody. …
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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 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 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, under arrest, or is otherwise in the custody of a police officer or other law 6 enforcement official, and the offender is a police officer or other law enforcement official 7 who either: 8 (1) detained or arrested the person or is responsible for the person’s 9 custody; or 10 (2) knows or should reasonably know that the person is under arrest or in 11 custody. 12 2 (b) The term “sexual relations” means sexual contact, sexual intercourse, or 1 sodomy as defined in section 1699 of this chapter.” 2 BILL SUMMARY 3 This bill amends title 14 Virgin Islands Code, chapter 85 by adding section 1710 4 declaring a person incapable of consent to sexual relations when the person is in the custody of 5 a police officer or other law enforcement official who is either responsible for the person’s 6 custody or knows or should reasonably know that the person is in custody. 7 BR25-0240/February 3, 2025/GC 8