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Can a prisoner be charged with a felony if he or she has sexual contact with a prison staff member or a correctional custodial (parole or probation officer) person?

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Can a prisoner be charged with a felony if he or she has sexual contact with a prison staff member or a correctional custodial (parole or probation officer) person?

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Formerly; yes. Now, no. In September 2007, A.R.S. 13-1419 was changed and it is no longer a felony for a prisoner to have sexual contact with a custodial (jail, prison or probation) staff member. Instead, because legislators finally came to the realization that there is never CONSENT between the two parties when the power differential is so great, it is now a felony for the staff member to engage in such behavior, but not a felony for the victim (prisoner or probationer). This is as it should be. Prison guards, detention officers, non-uniformed staff and probation officers are expected (required by law) to be professional. We do not believe this is too much to ask.

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