October 15, 2009, Introduced by Reps. Pearce, Lund, Lori, Opsommer, Knollenberg, DeShazor, Tyler, Kowall and Agema and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520d (MCL 750.520d), as amended by 2007 PA 163.
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 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 a mental health professional and the sexual
penetration 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
not be used as evidence that the victim is mentally incompetent.
(2) Criminal sexual conduct in the third degree is a felony
punishable by imprisonment for not more than 15 years.