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SB 0117 - Department of Human Services; offenses of improper sexual contact by employee or agent in the first and second degrees; revise

Tracking Level: Monitor
Sponsor: Butch Miller
Last Action: 5/6/2021 - Effective Date 2021-07-01
Senate Committee: Judiciary
House Committee: Judiciary - Non-Civil

Staff Analysis of the Legislation

SB 117 creates a new definition for a "person in a position of trust" and defines it as a person whom a parent, or guardian, or person standing in loco parentis of a minor has entered into an agreement with and which entrusts that individual with the responsibility of both education and supervision of that minor, although the position of trust status lasts only until the agreement has been satisfied, or terminated, and the minor is not under the supervision of the individual.  

SB 117 also creates a crime for "improper sexual contact by a person in a position of trust" with the first degree offense occurring when an individual who is in a position of trust engages in "sexually explicit conduct" with a minor and that individual has entered into an agreement that entrusts the individual with the responsibility of both education and supervision of the minor. The first degree of the offense is punishable by imprisonment between one to 25 years and a maximum fine of $100,000, in addition to further punishment as a sexual offender. If the minor is under years old, then the offense is punishable by imprisonment of between 10 to 30 years and a maximum fine of $100,000, in addition to further punishment as a sexual offender. If the minor is under 16 years old and the act physically injures the minor or involves an act of sodomy, then the punishment is further escalated to imprisonment of between 25 to 50 years and a maximum fine of $100,000, in addition to further punishment as a sexual offender. 

The bill also creates a second degree of the crime for "improper sexual contact by a person in a position of trust" which is committed when that individual is in a position of trust and engages in "sexual contact", not including "sexually explicit conduct", with a minor and that individual has entered into an agreement that entrusts the individual with the responsibility of both education and supervision of the minor. The second degree of the crime is punishable by a high and aggravated misdemeanor. If the minor is under 16 years old, then the punishment is escalated to imprisonment of between five and 25 years and a maximum fine of $25,000, in addition to being subject to further punishment as a sexual offender. On a second, or subsequent, conviction of the second degree of the crime, then the defendant will be guilty of a felony that results in imprisonment for between one to five years, in addition to further punishment as a sexual offender. 

SB 117 furthermore lists offenses within the definition of “dangerous sexual offenses” with respect to convictions after June 30, 2021, and provides that any person who commits the crime of improper sexual contact by a person in a position of trust is not allowed visitation with any minor unless the minor is a direct family member and not a victim of the inmate's sexual offense. Improper sexual contact by a person in a position of trust is also added to the list of crimes that prohibit an applicant from obtaining a license to operate a child welfare agency. 

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text