Crimes: sexual exploitation: clergy., the official text

An act to add Section 266.6 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits the touching of an intimate part, as defined, of another person if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
Existing law makes a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor who engages in specified sexual acts or sexual contact with a patient or client guilty of sexual exploitation and makes a violation of those provisions a crime, except as specified, punishable as a misdemeanor or a felony.
This bill would make a member of the clergy, as defined, who engages in specified sexual acts or contact with a current or former patient, client, or member of the congregation, as specified, guilty of sexual exploitation by a member of the clergy. The bill would specify that consent is not a defense to a violation of that provision and would make the crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.
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.

The people of the State of California do enact as follows:

SECTION 1.
Section 266.6 is added to the Penal Code, to read:
266.6.
(a) A member of the clergy providing therapeutic services, or a person holding themselves out to be a member of the clergy providing therapeutic services, who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a current or former patient, client, or member of the congregation within two years following termination of therapeutic services, if the relationship was terminated primarily for the purpose of engaging in those acts, unless the provider has referred the patient, or client, or member of the congregation to an independent and objective licensed professional or qualified provider of therapeutic services recommended by a third party for treatment, is guilty of sexual exploitation by a member of the clergy.
(b) Consent is not a defense in a criminal action under this section.
(c) Sexual exploitation by a member of the clergy is a public offense that is punishable as follows:
(1) An act in violation of subdivision (a) is punishable by imprisonment in the county jail for a period not exceeding six months, a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Multiple acts in violation of subdivision (a) with a single victim, if the offender has no prior conviction for sexual exploitation, is punishable by imprisonment in the county jail for a period not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(3) An act or acts in violation of subdivision (a) with two or more victims is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the county jail for a period not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(4) Two or more acts in violation of subdivision (a) with a single victim, if the offender has at least one prior conviction for sexual exploitation, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the county jail for a period not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(5) An act or acts in violation of subdivision (a) with two or more victims, if the offender has at least one prior conviction for sexual exploitation, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of 16 months, two years, or three years and a fine not exceeding ten thousand dollars ($10,000).
(d) As used in this section, the following terms have the following meanings:
(1) “Intimate part” and “touching” have the same meanings as defined in Section 243.4.
(2) “Member of the clergy” means a priest, minister, rabbi, ordained religious practitioner, or similar functionary of a recognized religious organization. This term shall apply under this section only when the clergy member is providing therapeutic services.
(3) “Sexual contact” means sexual intercourse or the touching of an intimate part of a patient, client, or member of the congregation for the purpose of sexual arousal, gratification, or abuse.
(4) “Therapeutic services” means counseling, mental health guidance, spiritual counseling involving the treatment of emotional, psychological, or behavioral conditions, or other services that are substantially similar in nature to psychotherapy, whether or not the provider is licensed by the state.
(e) In the investigation and prosecution of a violation of this section, no person shall seek to obtain disclosure of a confidential file of another current or former patient, client, or member of the congregation of the member of the clergy.
(f) If a member of the clergy in a professional partnership or similar group has sexual contact with a patient, client, or member of the congregation in violation of this section, another member of the clergy in the partnership or practitioner group is not subject to action under this section solely because of the occurrence of that sexual contact.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.