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