Bill Text: MI HB4581 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 4581 (Prior Session Legislation)

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: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2019-05-14 - Bill Electronically Reproduced 05/14/2019 [HB4581 Detail]

Download: Michigan-2019-HB4581-Introduced.html

HOUSE BILL No. 4581

May 9, 2019, Introduced by Reps. Kahle, Ellison, Hoitenga and Hall and referred to the Committee on Judiciary.

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).

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 is 18

years of age or 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.

(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.

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 is 18