Crimes: sexual exploitation: clergy.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill creates a new crime for members of the clergy who engage in sexual contact with current or former patients, clients, or members of their congregation, while providing therapeutic services. It specifies that consent cannot be a defense and outlines penalties ranging from misdemeanor to felony, depending on the number of victims and prior convictions. The bill also amends existing law to extend similar protections to physicians, psychotherapists, and alcohol and drug abuse counselors, clarifying the scope of these protections and addressing potential conflicts with religious organizations.
Key provisions
- Creates a new crime for clergy members engaging in sexual contact with patients/clients/congregation during therapeutic services.
- Consent is not a defense to the crime.
- Penalties range from misdemeanor to felony, based on the number of victims and prior convictions.
- Expands the definition of ‘therapeutic services’ to include spiritual counseling.
- Clarifies that the bill does not apply to clergy members providing non-psychotherapeutic medical treatment to their spouse.
- Addresses potential conflicts with existing psychology licensing laws for ordained clergy.
- Specifies that the crime applies only when the clergy member is providing therapeutic services.
- Prohibits disclosure of confidential patient files in investigations.
Who is affected
- Members of the clergy
- Patients and clients receiving therapeutic services
Bill text
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