Bill Text: CA SB894 | 2023-2024 | Regular Session | Amended
Bill Title: Sexual exploitation by a member of the clergy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-16 - April 16 hearing: Held in committee and under submission. [SB894 Detail]
Download: California-2023-SB894-Amended.html
|
Amended
IN
Senate
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 894
| Introduced by Senator Min |
January 03, 2024 |
An act to add Section 1708.5.4 to the Civil Code, and to add Chapter 3 (commencing with Section 275) to Title 9 of Part 1 of the Penal Code, relating to sexual exploitation.
LEGISLATIVE COUNSEL'S DIGEST
SB 894, as amended, Min.
Sexual exploitation by a member of the clergy.
Existing law provides that a person commits a sexual battery who, among other things, acts with the intent to cause a harmful or offensive contact with an intimate part, as defined, of another that directly or indirectly results in a sexually offensive contact with that person. The law makes a person who commits a sexual battery pursuant to those provisions liable for damages and equitable relief. Existing law establishes the defense of consent in civil actions.
This bill would prohibit the defense that the adult parishioner congregant consented to sexual contact in a civil action involving sexual contact between a member of the clergy and an adult parishioner.
congregant.
Existing law prohibits the touching of an intimate part, as defined, of another person if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
Existing law makes a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor who engages in specified sexual acts or sexual contact with a patient or client guilty of sexual exploitation and makes a violation of those provisions a crime, except as specified. A violation of this prohibition is punishable as a misdemeanor or a felony.
This bill would make a member of the clergy, as defined, who engages in specified sexual acts or contact with an adult parishioner,
congregant, as specified, guilty of sexual exploitation by a member of the clergy. The bill would specify that consent is not a defense to a violation of that provision and would make the crime punishable as a misdemeanor or a felony. The bill would also specify that it does not apply to sexual contact between a member of the clergy and their spouse or person in an equivalent domestic relationship. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1708.5.4 is added to the Civil Code, to read:1708.5.4.
(a) Consent is not a defense in a civil action under Section 1708.5 if the person who commits the sexual battery is a member of the clergy who, in such capacity, is in a position of trust or authority over the victim and uses their position of trust or authority to exploit the victim’s emotional dependency on the member of the clergy.(b) For purposes of this section, “member of the clergy” means a person ordained or recognized by a religious organization to perform religious duties and who exercises influence, guidance, or counseling within the religious community.
priest, minister, rabbi, or similar functionary of a church, temple, or recognized denomination or organization.
SEC. 2.
Chapter 3 (commencing with Section 275) is added to Title 9 of Part 1 of the Penal Code, to read:CHAPTER 3. Sexual Exploitation by a Member of the Clergy
275.
(a) A member of the clergy who is in a position of trust or authority over an adult(b) Consent is not a defense in a
criminal action under this section.
(c) Sexual exploitation by a member of the clergy is a public offense:
(1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Multiple acts in violation of subdivision (a) with a single victim, when the offender has no prior conviction for sexual exploitation, shall be punishable by imprisonment in a county jail for a period of not more than six months, a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(3) An act or acts in violation of subdivision (a) with two or more victims shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and a fine not exceeding ten thousand dollars ($10,000), or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(4) Two or more acts in violation of subdivision (a) with a single victim, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and a fine not exceeding ten thousand dollars ($10,000), or the act or acts shall be
punishable by imprisonment in a county jail for a period of not more than one year, a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(5) An act or acts in violation of subdivision (a) with two or more victims, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and a fine not exceeding ten thousand dollars ($10,000).
(d) This section does not apply to sexual contact between a member of the clergy and their spouse or person in an equivalent domestic relationship.
(e) For purposes of this section, the following terms
have the following meanings:
(1) “Intimate part” and “touching” have the same meanings as defined in Section 243.4.
(2) “Member of the clergy” means a person ordained or recognized by a religious organization to perform religious duties and who exercises influence, guidance, or counseling within the religious community. priest, minister, rabbi, or similar functionary of a church, temple, or recognized denomination or organization.
(3) “Sexual contact” means sexual intercourse or the touching of an intimate part of an adult parishioner
congregant for the purpose of sexual arousal, gratification, or abuse.
(f) This section does not limit or prevent prosecution under any other law that proscribes a course of conduct which that is proscribed by this section.
(g) In the case of a felony conviction for a violation of this section, the fact that the victim was an employee of the defendant’s religious organization shall be a factor in aggravation in sentencing.
