(a) A person is incapable of consent to sexual relations when the person is detained, including traffic stops and questioning pursuant to an investigation, under arrest, or is otherwise in the custody of a police officer or other law enforcement official, and the offender is a police officer or other law enforcement official who either:(1) detained or arrested the person or is responsible for the person’s custody; or(2) knows or should reasonably know that the person is under arrest or in custody.
(1) detained or arrested the person or is responsible for the person’s custody; or
(2) knows or should reasonably know that the person is under arrest or in custody.
(b) As used in this section:(1) “Law enforcement official” means a person who is responsible for the prevention, investigation, apprehension or detention of individuals suspected or convicted of offenses against the criminal laws, including a peace officer empowered to enforce the law through peace officer standards and training certification.(2) “Sexual relations” means sexual contact, sexual intercourse, or sodomy as defined in section 1699 of this chapter.”
(1) “Law enforcement official” means a person who is responsible for the prevention, investigation, apprehension or detention of individuals suspected or convicted of offenses against the criminal laws, including a peace officer empowered to enforce the law through peace officer standards and training certification.
(2) “Sexual relations” means sexual contact, sexual intercourse, or sodomy as defined in section 1699 of this chapter.”