They had sex before the "Measure of a Man" so this is technically true.

If a mad scientist builds a superdildo and then Starfleet decides to take custody of it, and a random officer on the ship assigned to monitor the superdildo decides to use it for their own pleasure, this would fall under the misuse of contraband.

Prior to the "measure of a man" when his legal personhood was established, sex with Data would probably be considered similarly under Starfleet's Protocols as to being caught pleasuring yourself in a Jeffries tube with a giant superdildo.