(1) For purposes of this section, unless the context otherwise requires: “Law enforcement officer” and “correctional employee” include a person working in that capacity as a private contractor or employee of a private contractor; and
(2) “Volunteer” means any person who, after fulfilling the appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the correctional agency, except for compensation for those expenses incurred directly as a result of the volunteer service.
(3) It is an offense for a law enforcement officer, correctional employee, vendor or volunteer to engage in sexual contact or sexual penetration, as such terms are defined in § 39-13-501, with a prisoner or inmate who is in custody at a penal institution as defined in § 39-16-601, whether the conduct occurs on or off the grounds of the institution.
(4) A violation of this section is a Class E felony.