SECTION 1. Chapter 268 of the General Laws is hereby amended by inserting after section 21A the following section:-
Section 21B. For purposes of this section, “police officer” shall mean any officer of a municipal police department, the office of environmental law enforcement, the University of Massachusetts, the department of the state police or the Massachusetts Bay Transportation Authority police department.
A police officer who, while on duty or while acting in their official capacity as an officer, engages in sexual relations with anyone who is under arrest, in detention, otherwise in the actual custody of said officer, or who the officer is interacting with in their official capacity, shall be punished by imprisonment for not more than 5 years in a state prison or by a fine of $10,000, or both. In a prosecution commenced under this section, a person shall be deemed incapable of consent to sexual relations with such officer. For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.
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