HB 6261

HOUSE BILL NO. 6261
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520c (MCL 750.520c), as amended by
2012 PA 372.
the people of the state of michigan enact:
Sec. 520c. (1) A person is guilty of
criminal sexual conduct in the second degree if the person engages in sexual
contact with another person and if any of the following circumstances exists:exist:
(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:
(i) The actor is a member of the same
household as the victim.
(ii) The actor is related by blood or
affinity to the fourth degree to the victim.
(iii) The actor is in a position of authority
over the victim and the actor used this authority to coerce the victim to
submit.
(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 the actor's employee, contractual, or volunteer
status to gain access to, or to establish a relationship with, that other
person.
(vi) 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 and the sexual contact occurs during the period
of that other person's residency. As used in this subdivision,
subparagraph, "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.
(c) Sexual contact
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 contact. Force or coercion includes, but is not limited
to, any of the circumstances listed in section 520b(1)(f).
(e) The actor is
armed with a weapon, or any article used or fashioned in a manner to lead a
person 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 the sexual contact. Force or coercion includes, but is not limited
to, any of the circumstances listed in section 520b(1)(f).
(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.
(i) That other
person is under the jurisdiction of the department of corrections and the actor
is an employee or a contractual employee of, or a volunteer with, the
department of corrections who knows that the other person is under the
jurisdiction of the department of corrections.
(j) That other
person is under the jurisdiction of the department of corrections and the actor
is an employee or a contractual employee of, or a volunteer with, a private
vendor that operates a youth correctional facility under section 20g of the
corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other
person is under the jurisdiction of the department of corrections.
(k) That other
person is a prisoner or probationer under the jurisdiction of a county for
purposes of imprisonment or a work program or other probationary program and
the actor is an employee or a contractual employee of,
or a volunteer with, the county or the
department of corrections who knows that the other person is under the county's
jurisdiction.
(l) The actor knows or has reason to know
that a court has detained the victim in a facility while the victim is awaiting
a trial or hearing, or committed the victim to a facility as a result of the
victim having been found responsible for committing an act that would be a
crime if committed by an adult, and the actor is an employee or contractual
employee of, or a volunteer with, the facility in which the victim is detained
or to which the victim was committed.
(2) Criminal sexual
conduct in the second degree is a felony punishable as follows:
(a) By by imprisonment for life or any term of
years, but not more less than 15 10 years.
(3) (b) In
addition to the penalty specified in subdivision
(a), subsection (2), the court shall
sentence the defendant to lifetime electronic monitoring under section 520n if
the violation involved sexual contact committed by an individual 17 years of
age or older against an individual less than 13 years of age.
Enacting section 1.
This amendatory act takes effect 90 days after the date it is enacted into law.