AB 2199, as introduced, Campos. Sexual offenses against minors: persons in a position of authority.
(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified.
Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years.
This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony a sentence enhancement of 2, 4, or 6 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, this bill would impose a state-mandated local program.
(2) Existing law makes it a misdemeanor to annoy or molest a child under 18 years of age. Existing law makes it a misdemeanor to engage in conduct with an adult whom the perpetrator believes is a child if that conduct would otherwise violate the above provision if directed toward a child and if the perpetrator is motivated by an unnatural or abnormal sexual interest in children.
This bill would subject a person who violates those provisions with respect to a minor under 16 years of age over whom the person holds a position of authority to an additional term of imprisonment of 2, 4, or 6 years beyond the otherwise applicable term. By creating a new crime, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 261.5 of the Penal Code is amended to
2read:
(a) Unlawful sexual intercourse is an act of sexual
4intercourse accomplished with a person who is not the spouse of
5the perpetrator, if the person is a minor. For the purposes of this
6section, a “minor” is a person under the age of 18 years and an
7“adult” is a person who is at least 18 years of age.
8(b) Any person who engages in an act of unlawful sexual
9intercourse with a minor who is not more than three years older
10or three years younger than the perpetrator, is guilty of a
11misdemeanor.
12(c) Any person who engages in an act of unlawful sexual
13intercourse with a minor who is more than three years younger
14than the perpetrator is guilty of either a misdemeanor or a felony,
15and shall be punished by
imprisonment in a county jail not
P3 1exceeding one year, or by imprisonment pursuant to subdivision
2(h) of Section 1170.
3(d) Any person 21 years of age or older who engages in an act
4of unlawful sexual intercourse with a minor who is under 16 years
5of age is guilty of either a misdemeanor or a felony, and shall be
6punished by imprisonment in a county jail not exceeding one year,
7or by imprisonment pursuant to subdivision (h) of Section 1170
8for two, three, or four years.
9(e) Notwithstanding any other provision of this section, a person
10who is guilty of a felony pursuant to subdivision (d) who holds a
11position of authority over the minor with whom he or she has
12engaged in an act of unlawful sexual intercourse, shall be punished
13by an additional term of imprisonment in a county jail for two,
14four, or six
years.
15(1) For purposes of this subdivision, a person is in a “position
16of authority” if he or she, by reason of that position, is able to
17exercise undue influence over a minor. A “position of authority”
18includes, but is not limited to, a parent, stepparent, foster parent,
19relative, partner of the parent or relative, caretaker, youth leader,
20recreational director, athletic manager, coach, teacher, counselor,
21therapist, religious leader, doctor, employee of one of those
22aforementioned persons, or coworker.
23(2) For purposes of this subdivision, “undue influence” has the
24same meaning as that term is defined in Section 15610.70 of the
25Welfare and Institutions Code.
26(e)
end delete
27begin insert(f)end insert (1) Notwithstanding any other provision of this section, an
28adult who engages in an act of sexual intercourse with a minor in
29violation of this section may be liable for civil penalties in the
30following amounts:
31(A) An adult who engages in an act of unlawful sexual
32intercourse with a minor less than two years younger than the adult
33is liable for a civil penalty not to exceed two thousand dollars
34($2,000).
35(B) An adult who engages in an act of unlawful sexual
36intercourse with a minor at least two years younger than the adult
37is liable for a civil penalty not to exceed five thousand dollars
38($5,000).
39(C) An adult who engages
in an act of unlawful sexual
40intercourse with a minor at least three years younger than the adult
P4 1is liable for a civil penalty not to exceed ten thousand dollars
2($10,000).
3(D) An adult over the age of 21 years who engages in an act of
4unlawful sexual intercourse with a minor under 16 years of age is
5liable for a civil penalty not to exceed twenty-five thousand dollars
6($25,000).
7(2) The district attorney may bring actions to recover civil
8penalties pursuant to this subdivision. From the amounts collected
9for each case, an amount equal to the costs of pursuing the action
10shall be deposited with the treasurer of the county in which the
11judgment was entered, and the remainder shall be deposited in the
12Underage Pregnancy Prevention Fund, which is hereby created in
13the State Treasury. Amounts deposited in the Underage Pregnancy
14Prevention Fund may be used only for the purpose of
preventing
15underage pregnancy upon appropriation by the Legislature.
16(3) In addition to any punishment imposed under this section,
17the judge may assess a fine not to exceed seventy dollars ($70)
18against any person who violates this section with the proceeds of
19this fine to be used in accordance with Section 1463.23. The court
20shall, however, take into consideration the defendant’s ability to
21pay, and no defendant shall be denied probation because of his or
22her inability to pay the fine permitted under this subdivision.
Section 647.6 of the Penal Code is amended to read:
(a) (1) Every person who annoys or molests any child
25under 18 years of age shall be punished by a fine not exceeding
26five thousand dollars ($5,000), by imprisonment in a county jail
27not exceeding one year, or by both the fine and imprisonment.
28(2) Every person who, motivated by an unnatural or abnormal
29sexual interest in children, engages in conduct with an adult whom
30he or she believes to be a child under 18 years of age, which
31conduct, if directed toward a child under 18 years of age, would
32be a violation of this section, shall be punished by a fine not
33exceeding five thousand dollars ($5,000), by imprisonment in a
34county jail for up to one year, or by both that fine and
35imprisonment.
36(b) Every person who violates this section after having entered,
37without consent, an inhabited dwelling house, or trailer coach as
38defined in Section 635 of the Vehicle Code, or the inhabited portion
39of any other building, shall be punished by imprisonment in the
P5 1state prison, or in a county jail not exceeding one year, and by a
2fine not exceeding five thousand dollars ($5,000).
3(c) (1) Every person who violates this section shall be punished
4upon the second and each subsequent conviction by imprisonment
5in the state prison.
6(2) Every person who violates this section after a previous felony
7conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5,
8or 289, any of which involved a minor under 16 years of age, or
9a previous felony conviction under this section, a conviction under
10Section 288, or a felony conviction under Section 311.4
involving
11a minor under 14 years of age shall be punished by imprisonment
12in the state prison for two, four, or six years.
13(d) A person who violates this section with respect to a minor
14under 16 years of age over whom the person holds a position of
15authority shall be punished by an additional term of imprisonment
16for two, four, or six years beyond any term otherwise applicable
17under this Section.
18(1) For purposes of this subdivision, a person is in a “position
19of authority” if he or she, by reason of that position, is able to
20exercise undue influence over a minor. A “position of authority”
21includes, but is not limited to, a parent, stepparent, foster parent,
22relative, partner of the parent or
relative, caretaker, youth leader,
23recreational director, athletic manager, coach, teacher, counselor,
24therapist, religious leader, doctor, employee of one of those
25aforementioned persons, or coworker.
26(2) For purposes of this subdivision, “undue influence” has the
27same meaning as that term is defined in Section 15610.70 of the
28Welfare and Institutions Code.
29(d)
end delete
30begin insert(e)end insert (1) In any case in which a person is convicted of violating
31this section and probation is granted, the court shall require
32counseling as a condition of probation, unless the court makes a
33written
statement in the court record, that counseling would be
34inappropriate or ineffective.
35(2) In any case in which a person is convicted of violating this
36section, and as a condition of probation, the court prohibits the
37defendant from having contact with the victim, the court order
38prohibiting contact shall not be modified except upon the request
39of the victim and a finding by the court that the modification is in
40the best interest of the victim. As used in this paragraph, “contact
P6 1with the victim” includes all physical contact, being in the presence
2of the victim, communication by any means, any communication
3by a third party acting on behalf of the defendant, and any gifts.
4(e) Nothing in this section prohibits
end delete
5begin insert(f)end insertbegin insert end insertbegin insertThis section does not prohibitend insert prosecution under any other
6provision of law.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
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