AB 2199, as amended, 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 to a sentence enhancement of 2 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,begin delete thisend deletebegin insert theend insert bill would impose a state-mandated local program.
(2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct
when the victim is a child of 14 or 15 yearsbegin insert of ageend insert and the person is at least 10 years older, and sodomy, oral copulation, orbegin delete digitalend deletebegin insert sexualend insert penetration of a minor under 16 years of age when the person is 21 years of age or older.
This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a personbegin delete inend deletebegin insert who holdsend insert a position of authority, asbegin delete defined.end deletebegin insert
defined, over the minor victim.end insert By increasing the penalty for a crime,begin delete thisend deletebegin insert theend insert 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 18 years of age and an “adult”
7is 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.
P3 1(c) Any person who engages in an act of unlawful sexual
2intercourse with a minor who is more than three years younger
3than the perpetrator is
guilty of either a misdemeanor or a felony,
4and shall be punished by imprisonment in a county jail not
5exceeding one year, or by imprisonment pursuant to subdivision
6(h) of Section 1170.
7(d) Any person 21 years of age or older who engages in an act
8of unlawful sexual intercourse with a minor who is under 16 years
9of age is guilty of either a misdemeanor or a felony, and shall be
10punished by imprisonment in a county jail not exceeding one year,
11or by imprisonment pursuant to subdivision (h) of Section 1170
12for two, three, or four years.
13(e) Notwithstanding any other provision of this section, a person
14who is guilty of a felony pursuant to subdivision (d) who holds a
15position of authority over the minor with whom he or she has
16engaged in an act of unlawful sexual intercourse,
shall be punished
17by an additional term of imprisonment in a county jail for two
18years.
19(1) For purposes of this subdivision, a person is in a “position
20of authority” if he or she, by reason of that position, is able to
21exercise undue influence over a minor. A “position of authority”
22includes, but is not limited to, a stepparent, foster parent, partner
23of the parent, caretaker, youth leader, recreational director, athletic
24manager, coach, teacher, counselor, therapist, religious leader,
25doctor, employer, or employee of one of those aforementioned
26persons.
27(2) For purposes of this subdivision, “undue influence” has the
28same meaning as that term is defined in Section 15610.70 of the
29Welfare and Institutions Code.
30(f) (1) Notwithstanding any other provision of this section, an
31adult who engages in an act of sexual intercourse with a minor in
32violation of this section may be liable for civil penalties in the
33following amounts:
34(A) An adult who engages in an act of unlawful sexual
35intercourse with a minor less than two years younger than the adult
36is liable for a civil penalty not to exceed two thousand dollars
37($2,000).
38(B) An adult who engages in an act of unlawful sexual
39intercourse with a minor at least two years younger than the adult
P4 1is liable for a civil penalty not to exceed five thousand dollars
2($5,000).
3(C) An adult who engages in an act of unlawful sexual
4intercourse with a minor
at least three years younger than the adult
5is liable for a civil penalty not to exceed ten thousand dollars
6($10,000).
7(D) An adult over the age of 21 years who engages in an act of
8unlawful sexual intercourse with a minor under 16 years of age is
9liable for a civil penalty not to exceed twenty-five thousand dollars
10($25,000).
11(2) The district attorney may bring actions to recover civil
12penalties pursuant to this subdivision. From the amounts collected
13for each case, an amount equal to the costs of pursuing the action
14shall be deposited with the treasurer of the county in which the
15judgment was entered, and the remainder shall be deposited in the
16Underage Pregnancy Prevention Fund, which is hereby created in
17the State Treasury. Amounts deposited in the Underage Pregnancy
18Prevention
Fund may be used only for the purpose of preventing
19underage pregnancy upon appropriation by the Legislature.
20(3) In addition to any punishment imposed under this section,
21the judge may assess a fine not to exceed seventy dollars ($70)
22against any person who violates this section with the proceeds of
23this fine to be used in accordance with Section 1463.23. The court
24shall, however, take into consideration the defendant’s ability to
25pay, and no defendant shall be denied probation because of his or
26her inability to pay the fine permitted under this subdivision.
Section 287 is added to the Penal Code, to read:
(a) A person who is guilty of a felony violation of
29paragraph (2) of subdivision (b) of Section 286, paragraph (1) of
30subdivision (c) of Section 288, paragraph (2) of subdivision (b) of
31Section 288a, or subdivisionbegin delete (h)end deletebegin insert (i)end insert of Section 289, and who holds
32a position of authority over the minor victim, shall be punished by
33an additional term of imprisonment for two years.
34(b) For purposes of this section, a person is in a “position of
35authority” if he or she, by reason of that position, is able to exercise
36
undue influence over a minor. A “position of authority” includes,
37but is not limited to, a stepparent, foster parent, partner of the
38parent, youth leader, recreational director, athletic manager, coach,
39teacher, counselor, therapist, religious leader, doctor, employer,
40or employee of one of those aforementioned persons.
P5 1(c) For purposes of this section, “undue influence” has the same
2meaning as that term is defined in Section 15610.70 of the Welfare
3and Institutions Code.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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