The bill amends Section 520e of the Michigan Penal Code, specifically addressing the definition and penalties associated with criminal sexual conduct in the fourth degree. It establishes that a person is guilty of this offense if they engage in sexual contact under certain circumstances, including if the victim is between 13 and 16 years old and the perpetrator is at least 5 years older, or if force or coercion is used. The bill also outlines various scenarios that constitute coercion, such as the use of physical force, threats, or unethical medical practices. Additionally, it specifies that certain relationships, such as those involving teachers or mental health professionals, are subject to stricter scrutiny.

Significantly, the bill reclassifies criminal sexual conduct in the fourth degree from a misdemeanor to a felony, which carries a potential penalty of imprisonment for up to 2 years or a fine of up to $500. The amendments also clarify that consent is not a defense in cases involving mental health professionals and that the burden of proof for certain defenses lies with the defendant. The changes are set to take effect 90 days after the bill is enacted into law.

Statutes affected:
House Introduced Bill: 750.520