Official Summary Text
AB 1739, as amended, Ward.
Healing arts:
Crimes:
sexual exploitation: clergy.
Existing law prohibits the touching of an intimate part, as defined, of another person if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
Existing law makes a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor who engages in specified sexual acts or sexual contact with a patient or client guilty of sexual exploitation and makes a violation of those provisions a crime, except as specified, punishable as a misdemeanor or a felony.
This bill would make a member of the clergy, as defined, who engages in specified sexual acts or contact with a current or former patient, client, or
member of the congregation, as specified, guilty of sexual exploitation by a member of the clergy. The bill would specify that consent is not a defense to a violation of that provision and would make the crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits any person who is, or who holds themselves out to be, a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor from engaging in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, as specified. Existing law makes a violation of these provisions a crime punishable by imprisonment and fine.
This bill would prohibit any member of the clergy providing therapeutic services, as specified, or any person holding
themselves out to be a member of the clergy providing therapeutic services from engaging in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a current or former patient, client, or member of the congregation, as specified. This bill would make a violation of these provisions a crime punishable by imprisonment and fine. Because the bill would expand the definition of a crime, it would impose a state-mandated local program.
This bill would specify that inclusion of members of the clergy within the scope of these provisions shall not be construed to apply the entire Psychology Licensing Law to duly ordained members of the recognized clergy, or duly ordained religious practitioners doing work of a psychological nature consistent with the laws governing their respective professions, as specified, and would set forth related legislative declarations.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.