What defines custodial sexual misconduct?

Custodial sexual misconduct is specifically defined as engaging in sexual conduct with a person who is in custody. This situation typically involves a situation where an individual, such as a detainee or incarcerated person, is under the authority and control of law enforcement or correctional staff. The unethical or illegal nature of this conduct arises from the inherent power imbalance and trust placed in officials by individuals in custody.

This definition highlights the critical element of custody, which distinguishes custodial sexual misconduct from other inappropriate relationships, such as those between educators and students, or other forms of misconduct that do not involve the authority or control associated with custody. Understanding this definition is essential for recognizing the severity and legal implications of such actions within the context of law enforcement and correctional facilities.