Bill Text: MI HB5585 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; criminal sexual conduct; age of consent for sexual contact between school employee and student; revise. Amends secs. 520d & 520e of 1931 PA 328 (MCL 750.520d & 750.520e).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-20 - Bill Electronically Reproduced 02/15/2018 [HB5585 Detail]
Download: Michigan-2017-HB5585-Introduced.html
HOUSE BILL No. 5585
February 15, 2018, Introduced by Rep. Kahle and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 520d and 520e (MCL 750.520d and 750.520e), as
amended by 2012 PA 372.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 520d. (1) A person is guilty of criminal sexual conduct
in the third degree if the person engages in sexual penetration
with another person and if any of the following circumstances
exist:
(a) That other person is at least 13 years of age and under 16
years of age.
(b) Force or coercion is used to accomplish the sexual
penetration. Force or coercion includes but is not limited to any
of the circumstances listed in section 520b(1)(f)(i) to (v).
(c) The actor knows or has reason to know that the victim is
mentally incapable, mentally incapacitated, or physically helpless.
(d) That other person is related to the actor by blood or
affinity to the third degree and the sexual penetration occurs
under circumstances not otherwise prohibited by this chapter. It is
an affirmative defense to a prosecution under this subdivision that
the other person was in a position of authority over the defendant
and used this authority to coerce the defendant to violate this
subdivision. The defendant has the burden of proving this defense
by a preponderance of the evidence. This subdivision does not apply
if both persons are lawfully married to each other at the time of
the alleged violation.
(e)
That other person is at least 16 years of age but less
than
18 years of age and is a
student at a public school or
nonpublic school, and either of the following applies:
(i) The actor is a teacher, substitute teacher, or
administrator of that public school, nonpublic school, school
district, or intermediate school district. This subparagraph does
not
apply if the other person is emancipated or if both persons are
lawfully married to each other at the time of the alleged
violation.
(ii) The actor is an employee or a contractual service
provider of the public school, nonpublic school, school district,
or intermediate school district in which that other person is
enrolled, or is a volunteer who is not a student in any public
school or nonpublic school, or is an employee of this state or of a
local unit of government of this state or of the United States
assigned to provide any service to that public school, nonpublic
school, school district, or intermediate school district, and the
actor uses his or her employee, contractual, or volunteer status to
gain access to, or to establish a relationship with, that other
person.
(f)
That other person is at least 16 years old but less than
26
years of age and is receiving special education services, and
either
of the following applies:
(i) The actor is a teacher, substitute teacher,
administrator,
employee,
or contractual service provider of the public school,
nonpublic
school, school district, or intermediate school district
from
which that other person receives the special education
services.
This subparagraph does not apply if both persons are
lawfully
married to each other at the time of the alleged
violation.
(ii) The actor is a volunteer who is not a student in
any
public
school or nonpublic school, or is an employee of this state
or
of a local unit of government of this state or of the United
States
assigned to provide any service to that public school,
nonpublic
school, school district, or intermediate school district,
and
the actor uses his or her employee, contractual, or volunteer
status
to gain access to, or to establish a relationship with, that
other
person.
(f) (g)
The actor is an employee, contractual
service
provider, or volunteer of a child care organization, or a person
licensed to operate a foster family home or a foster family group
home, in which that other person is a resident, that other person
is at least 16 years of age, and the sexual penetration occurs
during that other person's residency. As used in this subdivision,
"child care organization", "foster family home", and "foster family
group home" mean those terms as defined in section 1 of 1973 PA
116, MCL 722.111.
(2) Criminal sexual conduct in the third degree is a felony
punishable by imprisonment for not more than 15 years.
Sec. 520e. (1) A person is guilty of criminal sexual conduct
in the fourth degree if he or she engages in sexual contact with
another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age but less
than 16 years of age, and the actor is 5 or more years older than
that other person.
(b) Force or coercion is used to accomplish the sexual
contact. Force or coercion includes, but is not limited to, any of
the following circumstances:
(i) When the actor overcomes the victim through the actual
application of physical force or physical violence.
(ii) When the actor coerces the victim to submit by
threatening to use force or violence on the victim, and the victim
believes that the actor has the present ability to execute that
threat.
(iii) When the actor coerces the victim to submit by
threatening to retaliate in the future against the victim, or any
other person, and the victim believes that the actor has the
ability to execute that threat. As used in this subparagraph, "to
retaliate" includes threats of physical punishment, kidnapping, or
extortion.
(iv) When the actor engages in the medical treatment or
examination of the victim in a manner or for purposes which are
medically recognized as unethical or unacceptable.
(v) When the actor achieves the sexual contact through
concealment or by the element of surprise.
(c) The actor knows or has reason to know that the victim is
mentally incapable, mentally incapacitated, or physically helpless.
(d) That other person is related to the actor by blood or
affinity to the third degree and the sexual contact occurs under
circumstances not otherwise prohibited by this chapter. It is an
affirmative defense to a prosecution under this subdivision that
the other person was in a position of authority over the defendant
and used this authority to coerce the defendant to violate this
subdivision. The defendant has the burden of proving this defense
by a preponderance of the evidence. This subdivision does not apply
if both persons are lawfully married to each other at the time of
the alleged violation.
(e) The actor is a mental health professional and the sexual
contact occurs during or within 2 years after the period in which
the victim is his or her client or patient and not his or her
spouse. The consent of the victim is not a defense to a prosecution
under
this subdivision. A prosecution under this subsection shall
must not be used as evidence that the victim is mentally
incompetent.
(f)
That other person is at least 16 years of age but less
than
18 years of age and is a
student at a public school or
nonpublic school, and either of the following applies:
(i) The actor is a teacher, substitute teacher, or
administrator of that public school, nonpublic school, school
district, or intermediate school district. This subparagraph does
not
apply if the other person is emancipated or if both persons are
lawfully married to each other at the time of the alleged
violation.
(ii) The actor is an employee or a contractual service
provider of the public school, nonpublic school, school district,
or intermediate school district in which that other person is
enrolled, or is a volunteer who is not a student in any public
school or nonpublic school, or is an employee of this state or of a
local unit of government of this state or of the United States
assigned to provide any service to that public school, nonpublic
school, school district, or intermediate school district, and the
actor uses his or her employee, contractual, or volunteer status to
gain access to, or to establish a relationship with, that other
person.
(g)
That other person is at least 16 years old but less than
26
years of age and is receiving special education services, and
either
of the following applies:
(i) The actor is a teacher, substitute teacher,
administrator,
employee,
or contractual service provider of the public school,
nonpublic
school, school district, or intermediate school district
from
which that other person receives the special education
services.
This subparagraph does not apply if both persons are
lawfully
married to each other at the time of the alleged
violation.
(ii) The actor is a volunteer who is not a student in
any
public
school or nonpublic school, or is an employee of this state
or
of a local unit of government of this state or of the United
States
assigned to provide any service to that public school,
nonpublic
school, school district, or intermediate school district,
and
the actor uses his or her employee, contractual, or volunteer
status
to gain access to, or to establish a relationship with, that
other
person.
(g) (h)
The actor is an employee,
contractual service
provider, or volunteer of a child care organization, or a person
licensed to operate a foster family home or a foster family group
home, in which that other person is a resident, that other person
is at least 16 years of age, and the sexual contact occurs during
that other person's residency. As used in this subdivision, "child
care organization", "foster family home", and "foster family group
home" mean those terms as defined in section 1 of 1973 PA 116, MCL
722.111.
(2) Criminal sexual conduct in the fourth degree is a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $500.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
