COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
 
 
BILL NO. 
35-0290 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
June 20, 2024 
 
 
 
An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a 
person incapable of consent to sexual relations while the person is in police custody 
 
 
 
PROPOSED BY: 
 
 
Senator Ray Fonseca 
 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 14 Virgin Islands Code, chapter 85 is amended by adding section 
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1710 that reads:  
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Ҥ 1710.  Consent; victim in police custody  
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(a) 
A person is incapable of consent to sexual relations when the person is 
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detained, under arrest, or is otherwise in the custody of a police officer or other law 
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enforcement official, and the offender is a police officer or other law enforcement official 
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who either: 
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(1) detained or arrested the person or is responsible for the person’s custody; 
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or 
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(2) knows or should reasonably know that the person is under arrest or in 
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custody. 
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(b) 
The term “sexual relations” means sexual contact, sexual intercourse, or 
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sodomy as defined in section 1699 of this chapter.”   
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BILL SUMMARY 
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This bill amends title 14 Virgin Islands Code, chapter 85 by adding section 1710 
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declaring a person incapable of consent to sexual relations when the person is in the custody of 
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a police officer or other law enforcement official who is either responsible for the person’s 
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custody or knows or should reasonably know that the person is in custody. 
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BR24-1151/June 11, 2024/GC 
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