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.