HB2634 S JUD AM #1 4-9
Nichols 7892
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) A person is guilty of sexual assault in the third degree when:
(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or
(2) The person, being is 16 years old or more and engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least four years younger than the defendant.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year two years nor more than five 10 years, or fined not more than $10,000 $20,000 and imprisoned in a state correctional facility not less than one year two years nor more than five 10 years.
(a) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent, when such the lack of consent is due to the victim's incapacity to consent by reason of being less than 16 years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than 16 years old; or
(2) The defendant was less than four years older than the victim.
(c) Any person who violates the provisions of this section shall be is guilty of a misdemeanor felony, and, upon conviction thereof, shall be confined imprisoned in the county jail a state correctional facility not more less than ninety days one year nor more than three years, or fined not more than $500 $1,000 and confined imprisoned in the county jail a state correctional facility not more less than ninety days one year nor more than three years.
(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection, as follows: If any parent, guardian, or custodian of or other person in a position of trust in relation to a child under his or her care, custody, or control, shall engage engages in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such the conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian, or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than ten 20 nor more than twenty 40 years, or fined not less than $500 $1,000 nor more than $5,000 $10,000 and imprisoned in a correctional facility not less than ten 20 years nor more than twenty 40 years.
(b) Any parent, guardian, custodian, or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces or attempts to procure, authorize, or induce another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is less than 16 years of age, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than five 10 years nor more than fifteen 30 years, or fined not less than $1,000 $2,000 nor more than $10,000 $20,000 and imprisoned in a correctional facility not less than five 10 years nor more than fifteen 30 years.
(c) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces another person to engage in or attempt to engage in sexual exploitation of, or sexual intercourse, sexual intrusion or sexual contact with, a child under the care, custody or control of such parent, guardian, custodian or person in a position of trust when such child is 16 years of age or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than one year two years nor more than five 10 years.
(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than four years.
Any parent, guardian, or custodian, or person in a position of trust who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays, or transports, any material visually portraying a child under his or her care, custody, or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two four years, and fined not less than $400 $800 nor more than $4,000 $8,000.
Adopted
Rejected