Bill Text: MI HB5787 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Crimes; criminal sexual conduct; sexual contact and sexual penetration under pretext of medical treatment; prohibit, and provide penalties. Amends sec. 90 of 1931 PA 328 (MCL 750.90).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-07 - Referred To Committee Of The Whole With Substitute S-1 [HB5787 Detail]
Download: Michigan-2017-HB5787-Engrossed.html
HB-5787, As Passed House, May 24, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5787
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 90 (MCL 750.90).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
90. Sexual intercourse under pretext of medical
treatment—Any
person who shall undertake to medically treat any
female
person, and while so treating her, shall represent to such
female
that it is, or will be, necessary or beneficial to her
health
that she have sexual intercourse with a man, and shall
thereby
induce her to have carnal sexual intercourse with any man,
and
any man, not being the husband of such female, who shall have
sexual
intercourse with her by reason of such representation, shall
be
guilty of a felony, punishable by imprisonment in the state
prison
not more than 10 years.
(1) A person who undertakes medical treatment of a patient and
in the course of that medical treatment misrepresents to the
patient that sexual contact between the person and the patient is
necessary or will be beneficial to the patient's health and who
induces the patient to engage in sexual contact with the person by
means of the misrepresentation is guilty of a felony punishable by
imprisonment for not more than 20 years.
(2) A person who undertakes medical treatment of a patient and
in the course of that medical treatment misrepresents to the
patient that sexual penetration between the person and the patient
is necessary or will be beneficial to the patient's health and who
induces the patient to engage in sexual penetration with the person
by means of the misrepresentation is guilty of a felony punishable
by imprisonment for not more than 25 years.
(3) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law that
is committed by that person while violating this section.
(4) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime, including any other
violation of law arising out of the same transaction as the
violation of this section.
(5) As used in this section:
(a) "Medical treatment" includes an examination or a
procedure.
(b) "Patient" means a person who has undergone or is seeking
to undergo medical treatment.
(c) "Sexual contact" means the intentional touching of the
victim's or actor's intimate parts or the intentional touching of
the clothing covering the immediate area of the victim's or actor's
intimate parts, if that intentional touching can reasonably be
construed as being for the purpose of sexual arousal or
gratification, done for a sexual purpose, or done in a sexual
manner.
(d) "Sexual penetration" means sexual intercourse,
cunnilingus, fellatio, anal intercourse, or any other intrusion,
however slight, of any part of a person's body or of any object
into the genital or anal openings of another person's body,
regardless of whether semen is emitted, if that intrusion can
reasonably be construed as being for the purpose of sexual arousal
or gratification, done for a sexual purpose, or done in a sexual
manner.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
