HB 6263

HOUSE BILL NO. 6263
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520e (MCL 750.520e), as amended by
2023 PA 126.
the people of the state of michigan enact:
Sec. 520e. (1) A person is guilty of
criminal sexual conduct in the fourth degree if the person 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 that are
medically recognized as unethical or unacceptable.
(v) When the actor achieves the sexual
contact through concealment or by the element of surprise.
(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 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 the actor's client or patient and
not the actor's 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 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.
(g) 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.
(h) 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 contact 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 fourth degree is a misdemeanor felony punishable by imprisonment for not more than 2
years or a fine of not more than $500.00, or both.
Enacting section 1. This amendatory act takes effect 90
days after the date it is enacted into law.