Text lists when sexual contact counts as fourth-degree criminal sexual conduct

The text treats sexual contact as fourth-degree criminal sexual conduct in the listed circumstances. The listed circumstances include contact with a 13-to-15-year-old when the other person is at least five years older; force or coercion, including concealment or surprise; and contact when the actor knows or should know the other person is mentally or physically unable to consent. For some school workers, service providers, and volunteers, their role must help them gain access to or build a relationship with the student.

The text applies the offense to certain sexual contact involving students, people receiving special education services, mental health clients, relatives, and residents of care settings. The text covers students aged 16 or 17, people aged 16 through 25 receiving special education services, and specified contacts by mental health professionals, relatives, and people working or volunteering where someone lives in care. The school and special education provisions cover specified school workers, service providers, and volunteers; for some roles, the person must use that role to gain access to or build a relationship with the student. For a mental health professional, contact must occur during or within two years after the person was a client or patient, and consent is not a defense under that provision. The family provision has an authority-based defense and does not apply to people lawfully married to each other. The care-setting provision applies during the person's residency.

The text states a maximum penalty of two years in prison, a $500 fine, or both. The printed penalty applies to fourth-degree criminal sexual conduct. The text calls the offense both a misdemeanor and a felony, so its classification is unclear. The amendment would take effect 90 days after enactment.