Bill Text: GA SB300 | 2009-2010 | Regular Session | Introduced

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Bill Title: Offenses; sexual assault against persons in custody, certain patients, and others subject to authority of supervisor; change prov. (PF)

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-11 - Senate Read and Referred [SB300 Detail]

Download: Georgia-2009-SB300-Introduced.html

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10 LC 21 0521

Senate Bill 300

By: Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Stoner of the 6th and James of the 35th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to provide for the offense of sexual enticement of a student; to define certain terms; to provide that it shall be unlawful for certain persons to entice a person enrolled in an elementary or secondary school to commit sexual contact; to provide for a penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising Code Section 16-6-5.1, relating to sexual assault against persons in custody, sexual assault against person detained or patient in hospital or other institution, and sexual assault by practitioner of psychotherapy against a patient, as follows:

"16-6-5.1.

(a) As used in this Code section, the term:

(1) 'Actor' means a person accused of sexual assault.

(2) 'Educational institution' means a public or private elementary or secondary school.

(3) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person.

(3)(4) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.

(4)(5) 'Sexual contact' means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.

(b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:

(A)(1) In the custody of law; or

(B)(2) Detained in or is a patient in a hospital or other institution.

(d)(2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person.

(3) Consent of the victim shall not be a defense to a prosecution under this subsection.

(4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(d)(e) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, respectively, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than ten nor more than 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(f) A person who is an educator, employee, agent, or volunteer at any educational institution commits sexual assault when such person engages in sexual contact with another person who is enrolled in such educational institution as a student.

(g) Consent of the victim shall not be a defense to a prosecution under this Code section.

(h) A person convicted of sexual assault under this Code section shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this Code section of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(i) The offense of sexual assault shall be considered a separate offense and shall not merge with any other offense."

SECTION 2.

Said chapter is further amended by adding a new Code section to read as follows:

"16-6-5.2.

(a) As used in this Code section, the term:

(1) 'Actor' means a person accused of sexual assault.

(2) 'Educational institution' means a public or private elementary or secondary school.

(3) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person.

(4) 'Sexual contact' means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification.

(5) 'Sexual enticement of a student' means a violation of subsection (b) of this Code section.

(b) It is unlawful for any person who is an educator, employee, agent, or volunteer at any educational institution knowingly to employ, persuade, induce, entice, or coerce another person who is enrolled in such educational institution as a student to engage in any sexual contact with such educator, employee, agent, or volunteer or with any other person.

(c) A person convicted of sexual enticement of a student under this Code section shall, upon a first offense, be punished as for a misdemeanor of a high and aggravated nature. Upon a second and each subsequent offense, such person shall be punished by a fine not to exceed $50,0000.00 or by imprisonment for not more than five years or both."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.