Clergy could face charges for sexual conduct under spiritual care

A clergy member who knowingly uses listed forms of pressure or deception to engage in sexual conduct with someone in this relationship commits a crime. The relationship covers spiritual guidance, pastoral care, religious instruction, confession, mentoring, or emotional or spiritual support where a reasonable person would see the clergy member as having influence, trust, or authority over the other person. The conduct must involve undue influence, coercion, harassment, duress, deception, false representation, false pretense, or intimidation. The section does not apply to sexually explicit conduct or sexual contact between people lawfully married to each other. A criminal case under this section must begin within 15 years after the crime.

A court must impose the listed prison term and fine for a first-degree conviction; repeat convictions for second-degree conduct carry felony penalties. These penalties apply to convictions for improper sexual contact by a clergy member in the first or second degree. First-degree convictions carry one to 25 years in prison and a fine of up to $100,000. A first second-degree conviction is treated as a high and aggravated misdemeanor; a second or later conviction is a felony carrying one to five years in prison. A person with an earlier sexual felony conviction who is convicted of a felony under this section faces life in prison or prison followed by lifelong probation; probation must include electronic monitoring. The 15-year period to start a criminal case runs from the date of the crime.