Criminal Defense Lawyers

Penal Code 289.6 PC | Sex with an Inmate

Sex with an Inmate in California: What You Need to Know About Penal Code 289.6

Having sex with an inmate in California can lead to criminal charges under Penal Code 289.6 PC. This law makes it illegal for certain people, like prison guards and healthcare workers, to engage in sexual activity with inmates – even if it’s consensual.I know…the law can be confusing sometimes. As your friendly neighborhood legal writer, let me break it down for you in simple terms.

What is Penal Code 289.6?

In a nutshell, Penal Code 289.6 prohibits detention facility staff and contractors from gettin’ busy with inmates. It applies to folks like:

• Prison guards at public and private prisons
• Healthcare workers at jails and prisons
• Employees of the California Department of Corrections and Rehabilitation
• Police officers
• Parole officers

It also applies to volunteers and independent contractors who work in these facilities.The law defines “sexual activity” pretty broadly too. It includes everything from intercourse to touching an inmate’s private parts. Even masturbating in front of an inmate could get you charged.And it doesn’t matter if the inmate consents or not. The law sees inmates as unable to truly consent because of the power imbalance between them and staff.

Why is this Illegal?

Look, I get it. Attraction and emotions are complicated. And in movies, a romance between an inmate and guard can seem exciting.But in real life, it’s unethical and illegal for good reason. Inmates are in a vulnerable position where they may feel pressured to engage in sexual activity, even if they don’t really want to. The power dynamic makes meaningful consent impossible.The law aims to prevent abuse and keep inmates safe. That’s something we can all get behind, right?

What Happens if You Violate This Law?

If you’re convicted under PC 289.6, you could face:

• Up to 1 year in county jail if charged as a misdemeanor
• Up to 3 years in state prison if charged as a felony
• Fines up to $10,000

It depends on factors like:

• The type of sexual activity (e.g. penetration vs groping)
• Where it happened (health facility vs prison)
• If you have a prior conviction under this statute

If you’re a corrections officer, a felony conviction also means getting fired and barred from working in that role again. Talk about a career change!

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Real World Examples

Let’s look at some real-world examples so you can see how this law works:

• Gary is a prison guard who starts a romantic relationship with Jane, an inmate. Even if Jane consents, Gary can be charged under PC 289.6.
• Maria is a nurse at a jail medical unit. She performs legitimate medical exams on inmates. This is not a crime under PC 289.6 because it’s part of her job duties.
• But if Maria has sex with an inmate patient, then she can be charged under PC 289.6. The consent of the inmate doesn’t matter.
• Mark is a parole officer who has sex with his parolee, Lisa. This violates PC 289.6 because parolees are still considered inmates.
• Daniel is a police officer who fondles a suspect during an interrogation. This non-consensual sexual touching can lead to charges under PC 289.6 and sexual battery laws.

Defending Against Charges

If you’re accused under this statute, don’t panic. A skilled California sex crimes defense attorney can help protect your rights and future.Possible defenses include:

• You were falsely accused by someone with an agenda
• The sexual contact was accidental or misinterpreted
• You had no knowledge the person was an inmate
• You were conducting a lawful search or medical exam

An attorney can also negotiate with prosecutors for reduced charges or sentencing. The right legal strategy can make a huge difference in the outcome.

Takeaways

The bottom line? Don’t have sex with inmates if you work in a prison, jail, or other detention facility – even if it seems consensual. It could land you in legal hot water.If you’re already facing charges under PC 289.6, get legal help immediately. An experienced lawyer can advocate for you, examine the evidence, and craft an effective defense.I hope this overview helped explain this complex California law! Let me know if you have any other legal questions. I’m here to help you understand your rights and options in plain English, without any scary legalese.