SB542: SB542 Sexual Offenses; clergy members to be charged with certain improper sexual contact offenses; permit

26 LC 49 2840S Senate Bill 542 By: Senators Robertson of the 29th, Hatchett of the 50th, Strickland of the 42nd, Kirkpatrick of the 32nd, Hickman of the 4th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual1 offenses, so as to establish certain criminal offenses by clergy members for improper sexual2 contact with victims who are under their pastoral care or spiritual guidance; to provide for3 penalties; to provide for a limitations period; to provide for definitions; to provide for related4 matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,8 is amended by adding a new Code section to read as follows:9 "16-6-5.2.10 (a) As used in this Code section, the term:11 (1) 'Clergy member' means ministers, priests, rabbis, imams, or similar functionaries, by12 whatever name, of a bona fide religious organization or a perso n who holds himself or13 herself out as the same.14 (2) 'Pastoral counseling or spiritual authority relationship' means a relationship in which15 a clergy member provides spiritual guidance, pastoral care, rel igious instruction,16 S. B. 542 - 1 - 26 LC 49 2840S confession, mentoring, or emotional or spiritual support in cir cumstances where a17 reasonable person would view the clergy member as exercising in fluence, trust, or18 authority over another person's spiritual, emotional, or personal well-being.19 (3) 'Sexual contact' means any contact involving the intimate parts of either person for20 the purpose of sexual gratification of either person.21 (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code22 Section 16-12-100.23 (b) A person commits the offense of improper sexual contact by a clergy member in the24 first degree when such person, while in a pastoral counseling o r spiritual authority25 relationship with the victim and by means of undue influence, c oercion, harassment,26 duress, deception, false representation, false pretense, or intimidation, knowingly engages27 in sexually explicit conduct with the victim.28 (c) A person commits the offense of improper sexual contact by a clergy member in the29 second degree when such person, while in a pastoral counseling or spiritual authority30 relationship with the victim and by means of undue influence, c oercion, harassment,31 duress, deception, false representation, false pretense, or intimidation, knowingly engages32 in sexual contact, excluding sexually explicit conduct, with the victim.33 (d) This Code section shall not apply to sexually explicit con duct or sexual contact34 between individuals lawfully married to each other.35 (e) A person convicted of improper sexual contact by a clergy member in the first degree36 shall be punished by imprisonment for not less than one year nor more than 25 years and37 by a fine not to exceed $100,000.00.38 (f) A person convicted of improper sexual contact by a clergy member in the second39 degree shall be:40 (1) Upon a first conviction thereof, punished as for a misdeme anor of a high and41 aggravated nature and shall not be subject to the sentencing and punishment provisions42 of Code Section 17-10-6.2; and43 S. B. 542 - 2 - 26 LC 49 2840S (2) Upon a second or subsequent conviction thereof, guilty of a felony and shall be44 punished by imprisonment for not less than one year nor more than five years and shall45 be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.46 (g)(1) As used in this subsection, the term 'sexual felony' shall have the same meaning47 as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.48 (2) Except as provided in paragraph (2) of subsection (f) of this Code section, any person49 having been previously convicted of a sexual felony who is conv icted of the felony50 offense of improper sexual contact by a clergy member in the first or second degree shall51 be punished by imprisonment for life or a split sentence that is a term of imprisonment52 followed by probation for life. As a condition of probation, t he court shall impose the53 requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of54 Code Section 42-8-35.55 (h) Notwithstanding any other provision of law setting forth a limitations period, a56 criminal proceeding brought pursuant to this Code section shall be commenced within 1557 years after the commission of the crime."58 SECTION 2.59 All laws and parts of laws in conflict with this Act are repealed.60 S. B. 542 - 3 -