COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
06/25/2025-AMENDED AND REPORTED OUT TO THE FLOOR 
06/05/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 
04/03/2025-HELD IN COMMITTEE 
 
BILL NO. 
36-0024 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
February 27, 2025 
 
 
 
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 
Co-sponsor: Milton E. Potter 
 
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 as follows:  
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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, including traffic stops and questioning pursuant to an investigation, under 
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arrest, or is otherwise in the custody of a police officer or other law enforcement official, 
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and the offender is a police officer or other law enforcement official who either: 
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(1) 
detained or arrested the person or is responsible for the person’s 
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custody; 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) 
As used in this section: 
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(1) 
“Law enforcement official” means a person who is responsible for the 
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prevention, investigation, apprehension or detention of individuals suspected or 
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convicted of offenses against the criminal laws, including a peace officer 
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empowered to enforce the law through peace officer standards and training 
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certification. 
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(2) “Sexual relations” means sexual contact, sexual intercourse, or sodomy 
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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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BR25-0240/February 3, 2025/GC 
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S:\AMENDS\36th Legislature\FONSECA, RAY\Amendment 36-348\Amendment 36-
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348- DRAFTED ON YELLOW.docx 
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