or a client or patient and the actor is a health care provider17 or mental health care provider18 and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination,19 and, such conduct was not performed for a valid medical or mental health care purpose.20] or a resident or inpatient of a residential facility operated, licensed or certified by (i) the office of mental health; (ii) the office for people with developmental disabilities; or (iii) the office of alcoholism and substance abuse services, and the actor is an employee21 of the facility not married to such resident or inpatient.22] or detained or otherwise in the custody of a police officer, [peace officer, or other law enforcement official] and the actor is a police officer, [peace officer or other law enforcement official] who either: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, If in issue, the definition of care is set forth in “health provider” 17 Penal Law § 130.00 (12). If in issue, the definition of health care is set “mental provider” 18 forth in Penal Law § 130.00 (13). Penal Law § 130.05 (3) (h). 19 Penal Law § 130.10 (2). 20 If in issue, the definition of is set forth in Penal Law § “employee” 21 130.05 (3) (i). Penal Law § 130.05 (3) (i). If in issue, the definition of is “married” 22 set forth in Penal Law § 130.00 (4). 4
or a client or patient and the actor is a health care provider17 or mental health care provider18 and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination,19 and, such conduct was not performed for a valid medical or mental health care purpose.20] or a resident or inpatient of a residential facility operated, licensed or certified by (i) the office of mental health; (ii) the office for people with developmental disabilities; or (iii) the office of alcoholism and substance abuse services, and the actor is an employee21 of the facility not married to such resident or inpatient.22] or detained or otherwise in the custody of a police officer, [peace officer, or other law enforcement official] and the actor is a police officer, [peace officer or other law enforcement official] who either: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, 17 If in issue, the definition of “health care provider” is set forth in Penal Law § 130.00 (12). 18 If in issue, the definition of “mental health care provider” is set forth in Penal Law § 130.00 (13). 19 Penal Law § 130.05 (3) (h). 20 Penal Law § 130.10 (2). 21 If in issue, the definition of “employee” is set forth in Penal Law § 130.05 (3) (i). 22 Penal Law § 130.05 (3) (i). If in issue, the definition of “married” is set forth in Penal Law § 130.00 (4). 4