new text begin Subd. 24. new text end

new text begin Prohibited occupational relationship. new text end

new text begin A "prohibited occupational
relationship" exists when the actor is in one of the following occupations and the act takes
place under the specified circumstances:
new text end

new text begin (1) the actor performed massage or other bodywork for hire, the sexual penetration or
sexual contact occurred during or immediately before or after the actor performed or was
hired to perform one of those services for the complainant, and the sexual penetration or
sexual contact was nonconsensual; or
new text end

new text begin (2) the actor and the complainant were in one of the following occupational relationships
at the time of the act. Consent by the complainant is not a defense:
new text end

new text begin (i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual
penetration or sexual contact occurred during a psychotherapy session or during a period
of time when the psychotherapist-patient relationship was ongoing;
new text end

new text begin (ii) the actor was a psychotherapist and the complainant was the actor's former patient
who was emotionally dependent on the actor;
new text end

new text begin (iii) the actor was or falsely impersonated a psychotherapist, the complainant was the
actor's patient or former patient, and the sexual penetration or sexual contact occurred by
means of therapeutic deception;
new text end

new text begin (iv) the actor was or falsely impersonated a provider of medical services to the
complainant and the sexual penetration or sexual contact occurred by means of deception
or false representation that the sexual penetration or sexual contact was for a bona fide
medical purpose;
new text end

new text begin (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 text end

new text begin (vi) the actor provided special transportation service to the complainant and the sexual
penetration or sexual contact occurred during or immediately before or after the actor
transported the complainant;
new text end

new text begin (vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84,
the actor physically or constructively restrained the complainant or the complainant did not
reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact
was not pursuant to a lawful search or lawful use of force;
new text end

new text begin (viii) the actor was an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but
not limited to jails, prisons, detention centers, or work release facilities, and the complainant
was a resident of a facility or under supervision of the correctional system;
new text end

new text begin (ix) the complainant is enrolled in a secondary school and:
new text end

new text begin (A) the actor is a licensed educator employed or contracted to provide service for the
school at which the complainant is a student;
new text end

new text begin (B) the actor is age 18 or older and at least four years older than the complainant and is
employed or contracted to provide service for the secondary school at which the complainant
is a student; or
new text end

new text begin (C) the actor is age 18 or older and at least four years older than the complainant, and
is a licensed educator employed or contracted to provide services for an elementary, middle,
or secondary school;
new text end

new text begin (x) the actor was a caregiver, facility staff person, or person providing services in a
facility, as defined under section 609.232, subdivision 3, and the complainant was a
vulnerable adult who was a resident, patient, or client of the facility who was impaired in
judgment or capacity by mental or emotional dysfunction or undue influence; or
new text end

new text begin (xi) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a resident, patient, or client of the facility. This clause
does not apply if a consensual sexual personal relationship existed prior to the caregiving
relationship or if the actor was a personal care attendant.
new text end

new text begin Subd. 25. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" has the meaning given in section 609.232, subdivision
2.
new text end

new text begin Subd. 26. new text end

new text begin Facility. new text end

new text begin "Facility" has the meaning given in section 609.232, subdivision 3.
new text end

new text begin Subd. 27. new text end

new text begin Vulnerable adult. new text end

new text begin "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end