(1) For purposes of this section, unless the context otherwise requires: “Probation and parole officer” means a probation and parole officer as defined in § 40-28-102; and
(2) “Probationer or parolee” means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the department of correction. For the purpose of this section only, “probationer or parolee” does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage.
(3) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501, whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee.
(4) A violation of this section is a Class E felony.