SB533 H JUD AM 3-8 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 8D. CHILD ABUSE.
§61-8D-5. Sexual abuse by a parent, guardian, custodian or person
in a position of trust to a child; parent, guardian,
custodian or person in a position of trust allowing
sexual abuse to be inflicted upon a child; displaying
of sex organs by a parent, guardian, or custodian;
penalties.
(a) In addition to any other offenses set forth in this code,
the Legislature hereby declares a separate and distinct offense
under this subsection, as follows: If any parent, guardian or
custodian of or other person in a position of trust in relation to
a child under his or her care, custody or control, shall engage in
or attempt to engage in sexual exploitation of, or in sexual
intercourse, sexual intrusion or sexual contact with, a child under
his or her care, custody or control, notwithstanding the fact that
the child may have willingly participated in such conduct, or the
fact that the child may have consented to such conduct or the fact
that the child may have suffered no apparent physical injury or
mental or emotional injury as a result of such conduct, then such
parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary a correctional facility not less
than ten nor more than twenty years, or fined not less than $500
nor more than $5,000 and imprisoned in the penitentiary a
correctional facility not less than ten years nor more than twenty
years.
(b) If any Any parent, guardian, custodian or other person in
a position of trust in relation to the child shall who knowingly
procure procures, authorizes, or induces another person to engage
in or attempt to engage in sexual exploitation of, or sexual
intercourse, sexual intrusion or sexual contact with, a child under
the care, custody or control of such parent, guardian, custodian or
person in a position of trust when such child is less than sixteen
years of age, notwithstanding the fact that the child may have
willingly participated in such conduct or the fact that the child
may have suffered no apparent physical injury or mental or
emotional injury as a result of such conduct, such parent,
guardian, custodian or person in a position of trust shall be
guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary a correctional facility
not less
than five years nor more than fifteen years, or fined not less than
$1,000 nor more than $10,000 and imprisoned in the penitentiary a
correctional facility not less than five years nor more than
fifteen years.
(c)
If any Any parent, guardian, custodian or other person in
a position of trust in relation to the child shall who knowingly procure procures, authorizes, or induces another person to engage
in or attempt to engage in
sexual exploitation of, or sexual
intercourse, sexual intrusion or sexual contact with, a child under
the care, custody or control of such parent, guardian, custodian or
person in a position of trust when such child is sixteen years of
age or older, notwithstanding the fact that the child may have
consented to such conduct or the fact that the child may have
suffered no apparent physical injury or mental or emotional injury
as a result of such conduct, then such parent, guardian, custodian
or person in a position of trust shall be guilty of a felony and,
upon conviction thereof, shall be imprisoned in the penitentiary a
correctional facility not less than one year nor more than five
years.
(d) The provisions of this section shall not apply to a
custodian or person in a position of trust whose age exceeds the
age of the child by less than four years.