SECTION 1. Chapter 268 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 21A the following section:-
Section 21B. For purposes of this section, “police or public safety officer” or “officer” shall mean any officer of a municipal or state police department, and any other officer or agent of any municipal, state or federal agency, college or university, hospital, or any other entity or facility, who has the lawful authority to place persons under arrest or hold them in custody within the commonwealth.
A police or public safety 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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