House Bill 4359

Committee: Criminal Law and Corrections

Complete to 3-3-99

A SUMMARY OF HOUSE BILL 4359 AS INTRODUCED 3-2-99

The bill would amend the Michigan Penal Code to revise the definition of "sexual contact" in the code's criminal sexual conduct (CSC) provisions. Sexual contact, as opposed to sexual penetration, is an element of the felony of second-degree CSC and the misdemeanor of fourth-degree CSC. "Sexual contact" includes the intentional touching of a victim's or actor's "intimate parts" or the intentional touching of the clothing covering the immediate area of those parts, if the intentional touching can reasonably be construed as being for "the purpose of sexual arousal or gratification". The bill would eliminate the requirement that the touching be able to be construed as for the purpose of sexual arousal or gratification and, instead, sexual contact would occur if the intentional touching could reasonably be construed as having been for "a sexual or assaultive purpose". ("Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.)

MCL 750.520a

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.