| (69) Strip Search--A visual inspection of a resident's
body in a state of full or partial undress.
(70) TJJD--The Texas Juvenile Justice Department.
(71) Volunteer--Individuals agreeing to perform services
without compensation who have regular or periodic supervised contact
or unsupervised contact with juveniles under the direction of the
pre-adjudication or post-adjudication secure juvenile facility.
(72) Youth-on-Youth Sexual Conduct--Two or more juveniles,
regardless of age, who engage in deviate sexual intercourse, sexual
contact, sexual intercourse, or sexual performance as those terms
are defined in subparagraphs (A) - (D) of this paragraph.
(A) "Deviate sexual intercourse" means:
(i) any contact between any part of the genitals of
one person and the mouth or anus of another person; or
(ii) the penetration of the genitals or the anus of
another person with an object.
(B) "Sexual contact" means the following acts, if committed
with the intent to arouse or gratify the sexual desire of any person:
(i) any touching by a person, including touching through
clothing, of the anus, breast, or any part of the genitals of a person;
or
(ii) any touching of any part of the body of a person,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(C) "Sexual intercourse" means any penetration of the
female sex organ by the male sex organ.
(D) "Sexual performance" means acts of a sexual or
suggestive nature performed in front of one or more persons, including
simulated or actual sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition
of the genitals, the anus, or any portion of the female breast below
the top of the areola.
(E) A juvenile may not consent to the acts as defined
in this paragraph under any circumstances. Consent may not be implied
regardless of the age of the juvenile.
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| Source Note: The provisions of this §343.100 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850 |
