“Is clergy sexual misconduct illegal?”

ARKANSAS:

AR Code § 5-14-126 (originally 2001 Arkansas Laws Act 1738 (H.B. 2384))

(a) A person commits sexual assault in the third degree if the person:

(1) Engages in sexual intercourse or deviate sexual activity with another person who is not the actor’s spouse, and the actor is:

(D) A mandated reporter under § 12-18-402(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; 

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) Sexual assault in the third degree is a Class C felony.

CONNECTICUT:

CT Gen Stat § 53a-73a 

(a) A person is guilty of sexual assault in the fourth degree when:

(4) such person is a psychotherapist and subjects another person to sexual contact who is 

(A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or 

(B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or 

(C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or 

(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of the offense is under sixteen years of age, a class D felony.

CT Gen Stat § 53a-65 

(9) “Psychotherapist” means a physician, psychologist, nurse, substance abuse counselor, social worker, clergyman, marital and family therapist, mental health service provider, hypnotist or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

DELAWARE:

Del. Code Ann. tit. 11, § 761 

Definitions generally applicable to sexual offenses

(k) “Without consent” means:

(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, “health professional” includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists.

DISTRICT OF COLUMBIA:

D.C. Code Ann. § 22-3015 

(a) A person is guilty of first degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual act with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and

(1) The actor represents falsely that the sexual act is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;

(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual act;

(3) The actor represents falsely that he or she is licensed as a particular type of professional; or

(4) The sexual act occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.

(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 10 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

D.C. Code Ann. § 22-3016

(a) A person is guilty of second degree sexual abuse who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, and engages in a sexual contact with another person who is a patient or client of the actor, or is otherwise in a professional relationship of trust with the actor; and

(1) The actor represents falsely that the sexual contact is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;

(2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual contact;

(3) The actor represents falsely that he or she is licensed as a particular type of professional; or

(4) The sexual contact occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.

(b) Any person found guilty pursuant to subsection (a) of this section shall be imprisoned for not more than 5 years and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

IOWA:

IA Code § 709.15 

Sexual exploitation by a counselor, therapist, or school employee. 

1. As used in this section:

a. “Counselor or therapist” means a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the state, who provides or purports to provide mental health services.

b. “Emotionally dependent” means that the nature of the patient’s or client’s or former patient’s or client’s emotional condition or the nature of the treatment provided by the counselor or therapist is such that the counselor or therapist knows or has reason to know that the patient or client or former patient or client is significantly impaired in the ability to withhold consent to sexual conduct, as described in subsection 2, by the counselor or therapist. For the purposes of subsection 2, a former patient or client is presumed to be emotionally dependent for one year following the termination of the provision of mental health services.

c. “Former patient or client” means a person who received mental health services from the counselor or therapist.

d. “Mental health service” means the treatment, assessment, or counseling of another person for a cognitive, behavioral, emotional, mental, or social dysfunction, including an intrapersonal or interpersonal dysfunction.

e. “Patient or client” means a person who receives mental health services from the counselor or therapist.

2. 

a. Sexual exploitation by a counselor or therapist occurs when any of the following are found:

(1) A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2) or (3).

(2) Any sexual conduct with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client, which includes but is not limited to the following: 

(a) Kissing.

(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals.

(c) A sex act as defined in section 702.17.

(3) Any sexual conduct with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the patient or client or former patient or client, which includes but is not limited to the following: 

(a) Kissing.

(b) Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals.

(c) A sex act as defined in section 702.17.

b. Sexual exploitation by a counselor or therapist does not include touching which is part of a necessary examination or treatment provided a patient or client by a counselor or therapist acting within the scope of the practice or employment in which the counselor or therapist is engaged.

MAINE

Me. Rev. Stat. tit. 17-A, § 253

1. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:

N.  The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science practitioner, imam or minister of any religious denomination, is in a position of trust or authority over the other person, causes the other person to submit to or participate in the sexual act by exploiting the person's emotional dependency on the actor and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class C crime.

Me. Rev. Stat. tit. 17-A, § 255-A:

1. A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:

Y.  The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science practitioner, imam or minister of any religious denomination, is in a position of trust or authority over the other person, causes the other person to submit to or participate in the sexual contact by exploiting the person's emotional dependency on the actor and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class D crime; or

Z.  The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science practitioner, imam or minister of any religious denomination, is in a position of trust or authority over the other person, causes the other person to submit to or participate in the sexual contact by exploiting the person's emotional dependency on the actor and the other person is not the actor's spouse or domestic partner and the sexual contact includes penetration. Violation of this paragraph is a Class C crime.

Me. Rev. Stat. tit. 17-A, § 260

1. A person is guilty of unlawful sexual touching if the actor intentionally subjects another person to any sexual touching and:

N.  The actor is a member of the clergy or purports to be a member of the clergy, including a priest, rabbi, Christian Science practitioner, imam or minister of any religious denomination, is in a position of trust or authority over the other person, causes the other person to submit to or participate in the sexual touching by exploiting the person's emotional dependency on the actor and the other person is not the actor's spouse or domestic partner. Violation of this paragraph is a Class D crime.

MINNESOTA:

MN Stat § 609.344 

609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE. 

Subdivision 1. Adult victim; crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(I) at the time of the act, the actor is in a prohibited occupational relationship with the complainant. 

609.341 DEFINITIONS.

Subdivision 1.Scope. For the purposes of sections 609.341 to 609.351, the terms in this section have the meanings given them.

Subd. 24.Prohibited occupational relationship. A "prohibited occupational relationship" exists when the actor is in one of the following occupations and the act takes place under the specified circumstances:

(v) the actor was or falsely impersonated a member of the clergy, the complainant was not married to the actor, the complainant met with the actor in private seeking or receiving religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or sexual contact occurred during the course of the meeting or during a period of time when the meetings were ongoing; 

NEW MEXICO:

NM Stat § 30-9-10 

30-9-10. Definitions.

As used in Sections 30-9-10 through 30-9-16 NMSA 1978 [Article 9 Sexual Offenses]:

A. “force or coercion” means:

(5) the perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient’s consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy.

F. “psychotherapist” means a person who is or purports to be a:

(11) minister, priest, rabbi or other similar functionary of a religious organization acting in his role as a pastoral counselor;

NORTH DAKOTA:

ND Crim. Code 12.1-20-06.1

Sexual Exploitation by Therapist

Any person who is or who holds oneself out to be a therapist and who intentionally has sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment, consultation, interview, or examination is guilty of a class C felony. Consent by the complainant is not a defense under this section. A complaint of a violation of this section may be made to the police department of the city in which the violation occurred, the sheriff of the county in which the violation occurred, or the bureau of criminal investigation. Local law enforcement agencies and the bureau of criminal investigation shall cooperate in investigations of violations of this section. As used in this section, unless the context or subject matter otherwise requires:

1.    ”Psychotherapy” means the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction.

2.    ”Therapist” means a physician, psychologist, psychiatrist, social worker, nurse, chemical dependency counselor, member of the clergy, or other person, whether licensed or not by the state, who performs or purports to perform psychotherapy.

SOUTH DAKOTA:

S.D. Codified Laws § 22-22-28

Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.

S.D. Codified Laws § 22-22-29

Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense.

S.D. Codified Laws § 22-22-27

Terms used in §§ 22-22-28 and 22-22-29 mean:

(3) “Psychotherapist,” any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

TENNESSEE:

T. C. A. § 39-13-505

§ 39-13-505. Sexual battery

(a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

(1) Force or coercion is used to accomplish the act;

(2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;

(3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

(4) The sexual contact is accomplished by fraud.

(b) As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately

or in the future.

(c) For purposes of this section, a victim is incapable of consent if:

(1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and

(2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.

(d) Sexual battery is a Class E felony.

TEXAS:

Penal Code, Chapter 5

Sec. 22.011. SEXUAL ASSAULT. 

(a) A person commits an offense if:

(1) the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;

UTAH:

Utah Code Ann. § 76-5-406 

(1) As used in this section:

(b) “Religious counselor” means a minister, priest, rabbi, bishop, or other recognized member of the clergy.

(2) An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child, attempted object rape of a child, forcible sodomy, attempted forcible sodomy, sodomy on a child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:

(l) the actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested.

WISCONSIN:

Wis. Stat. Ann. § 940.22 

(1) Definitions. In this section:

(i) “Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

(2) Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection.