HB 6262

HOUSE BILL NO. 6262
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520d (MCL 750.520d), as amended by
2023 PA 126.
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 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 the
actor's 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 not less than 18 years of age
and were 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 the actor's 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 life or any term of years, but not more less than 15 5 years.
Enacting section 1. This amendatory act takes effect 90
days after the date it is enacted into law.