The Model Penal Code and the Sexual Conduct of Police Officers While on Duty

Donald Lee Buresh

doi:doi:10.11648/j.ijls.20200304.17

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The Model Penal Code and the Sexual Conduct of Police Officers While on Duty

Donald Lee Buresh

Published in International Journal of Law and Society (Volume 3, Issue 4)

Received: 13 August 2020 Accepted: 24 November 2020 Published: 11 December 2020

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Abstract

The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.

Published in	International Journal of Law and Society (Volume 3, Issue 4)
DOI	10.11648/j.ijls.20200304.17
Page(s)	204-208
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Enhanced Criminal Penalties, Law Enforcement, Model Penal Code, Sexual Conduct

References

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APA Style

Donald Lee Buresh. (2020). The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. International Journal of Law and Society, 3(4), 204-208. https://doi.org/10.11648/j.ijls.20200304.17

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ACS Style

Donald Lee Buresh. The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. Int. J. Law Soc. 2020, 3(4), 204-208. doi: 10.11648/j.ijls.20200304.17

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AMA Style

Donald Lee Buresh. The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. Int J Law Soc. 2020;3(4):204-208. doi: 10.11648/j.ijls.20200304.17

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@article{10.11648/j.ijls.20200304.17,
  author = {Donald Lee Buresh},
  title = {The Model Penal Code and the Sexual Conduct of Police Officers While on Duty},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {204-208},
  doi = {10.11648/j.ijls.20200304.17},
  url = {https://doi.org/10.11648/j.ijls.20200304.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.17},
  abstract = {The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.},
 year = {2020}
}

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TY  - JOUR
T1  - The Model Penal Code and the Sexual Conduct of Police Officers While on Duty
AU  - Donald Lee Buresh
Y1  - 2020/12/11
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.17
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Author Information

Donald Lee Buresh

Cybersecurity Assurance and Policy Department, Morgan State University, Baltimore, Maryland

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APA Style

Donald Lee Buresh. (2020). The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. International Journal of Law and Society, 3(4), 204-208. https://doi.org/10.11648/j.ijls.20200304.17

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ACS Style

Donald Lee Buresh. The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. Int. J. Law Soc. 2020, 3(4), 204-208. doi: 10.11648/j.ijls.20200304.17

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AMA Style

Donald Lee Buresh. The Model Penal Code and the Sexual Conduct of Police Officers While on Duty. Int J Law Soc. 2020;3(4):204-208. doi: 10.11648/j.ijls.20200304.17

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@article{10.11648/j.ijls.20200304.17,
  author = {Donald Lee Buresh},
  title = {The Model Penal Code and the Sexual Conduct of Police Officers While on Duty},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {204-208},
  doi = {10.11648/j.ijls.20200304.17},
  url = {https://doi.org/10.11648/j.ijls.20200304.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.17},
  abstract = {The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - The Model Penal Code and the Sexual Conduct of Police Officers While on Duty
AU  - Donald Lee Buresh
Y1  - 2020/12/11
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.17
DO  - 10.11648/j.ijls.20200304.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 204
EP  - 208
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.17
AB  - The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.
VL  - 3
IS  - 4
ER  -

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