July 19, 2007, Introduced by Reps. Meadows, Alma Smith, Corriveau, LeBlanc and Hammel and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520c (MCL 750.520c), as amended by 2006 PA 171.
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:
(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 or nonpublic school in which that other
person is enrolled.
(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 and who uses his or her position of
authority over the victim to coerce the victim to submit.
(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 imprisonment for not more than 15 years.
(b) In addition to the penalty specified in subdivision (a),
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.