§41.1. Consent; victim in police custody

            For purposes of this Subpart, a person is deemed incapable of consent when the person is under arrest or otherwise in the actual custody of a police officer or other law enforcement official and the offender is a police officer or other law enforcement official who either:

            (1) Arrested the person or was responsible for maintaining the person in actual custody.

            (2) Knows or reasonably should know that the person is under arrest or otherwise in actual custody.

            Acts 2018, No. 407, §1, eff. May 23, 2018.