in residential care.22 or a client or patient and the actor is a health care provider23 or mental health care provider24 and the act of sexual contact occurs during a treatment session, consultation, interview, or examination,25 and, such conduct was not performed for a valid medical or mental health care purpose.26 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 employee27 of the facility not married to such resident or inpatient. 28] 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 Penal Law §130.05 (3)(g). 22 If in issue, the definition of care is set forth in “health provider” 23 Penal Law §130.00(12). If in issue, the definition of health care is set “mental provider” 24 forth in Penal Law §130.00(13). Penal Law §130.05(3)(h). 25 Penal Law §130.10(2). 26 If in issue, the definition of is set forth in Penal Law “employee” 27 § 130.05(3)(i).
in residential care.22 or a client or patient and the actor is a health care provider23 or mental health care provider24 and the act of sexual contact occurs during a treatment session, consultation, interview, or examination,25 and, such conduct was not performed for a valid medical or mental health care purpose.26 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 employee27 of the facility not married to such resident or inpatient. 28] 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 22 Penal Law §130.05 (3)(g). 23 If in issue, the definition of “health care provider” is set forth in Penal Law §130.00(12). 24 If in issue, the definition of “mental health care provider” is set forth in Penal Law §130.00(13). 25 Penal Law §130.05(3)(h). 26 Penal Law §130.10(2). 27 If in issue, the definition of “employee” is set forth in Penal Law § 130.05(3)(i).
130.55.Incapacity.docx