November 10, 2010, Introduced by Rep. Terry Brown and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520b (MCL 750.520b), as amended by 2007 PA 163.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 520b. (1) A person is guilty of criminal sexual conduct
in the first degree if he or she engages in sexual penetration with
another person and if any of the following circumstances exists:
(a) That other person is under 13 years of age.
(b)
That other person is at least 13 but less than 16 years of
age and any of the following apply:
(i) The actor is a member of the same household as the victim,
and the victim is less than 16 years of age.
(ii) The actor is related to the victim by blood or affinity to
the fourth degree, and the victim is less than 16 years of age.
(iii) The actor is in a position of authority over the victim
and used this authority to coerce the victim to submit, and the
victim is less than 16 years of age.
(iv) The actor is a teacher, substitute teacher, or
administrator of the public school, nonpublic school, school
district, or intermediate school district in which that other
person is enrolled.
(v) 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.
(c) Sexual penetration occurs under circumstances involving
the commission of any other felony.
(d) The actor is aided or abetted by 1 or more other persons
and either of the following circumstances exists:
(i) The actor knows or has reason to know that the victim is
mentally incapable, mentally incapacitated, or physically helpless.
(ii) The actor uses force or coercion to accomplish the sexual
penetration. Force or coercion includes, but is not limited to, any
of the circumstances listed in subdivision (f).
(e) The actor is armed with a weapon or any article used or
fashioned in a manner to lead the victim to reasonably believe it
to be a weapon.
(f) The actor causes personal injury to the victim and force
or coercion is used to accomplish sexual penetration. 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 these threats.
(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
this threat. As used in this subdivision, "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 that are
medically recognized as unethical or unacceptable.
(v) When the actor, through concealment or by the element of
surprise, is able to overcome the victim.
(g) The actor causes personal injury to the victim, and the
actor knows or has reason to know that the victim is mentally
incapable, mentally incapacitated, or physically helpless.
(h) That other person is mentally incapable, mentally
disabled, mentally incapacitated, or physically helpless, and any
of the following:
(i) The actor is related to the victim by blood or affinity to
the fourth degree.
(ii) The actor is in a position of authority over the victim
and used this authority to coerce the victim to submit.
(2) Criminal sexual conduct in the first degree is a felony
punishable as follows:
(a) Except as provided in subdivisions (b) and (c), by
imprisonment for life or for any term of years.
(b) For a violation that is committed by an individual 17
years of age or older against an individual less than 13 years of
age by imprisonment for life or any term of years, but not less
than 25 years.
(c) For a violation that is committed by an individual 17
years of age or older against an individual less than 13 years of
age, by imprisonment for life without the possibility of parole if
the person was previously convicted of a violation of this section
or section 520c, 520d, 520e, or 520g committed against an
individual less than 13 years of age or a violation of law of the
United States, another state or political subdivision substantially
corresponding to a violation of this section or section 520c, 520d,
520e, or 520g committed against an individual less than 13 years of
age.
(d) In addition to any other penalty imposed under subdivision
(a) or (b), the court shall sentence the defendant to lifetime
electronic monitoring under section 520n.
(3) The court may order a term of imprisonment imposed under
this section to be served consecutively to any term of imprisonment
imposed for any other criminal offense arising from the same
transaction.