Penal Code § 39.041

Sec. 39.041. IMPROPER SEXUAL ACTIVITY WITH COMMITTED PERSON. (a) In this section, "deviate sexual intercourse," "sexual contact," and "sexual intercourse" have the meanings assigned by Section 21.01. (b) An officer or employee of the Texas Civil Commitment Office, a person who contracts with this state to perform a service in a civil commitment facility or an employee of that person, or a volunteer at a civil commitment facility commits an offense if the person intentionally engages in deviate sexual intercourse, sexual contact, or sexual intercourse with a person committed to a civil commitment facility. (c) An offense under this section is a felony of the third degree. (d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the actor was the spouse of the person committed to the civil commitment facility. (e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 6, eff. September 1, 2023.