HB2205 H JUD AM 1-26

Wright 3382

            The Committee on the Judiciary moves to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 8F. SEXUAL OFFENSES CONCERNING PROFESSIONAL MISCONDUCT.

§61-8F-1. Definitions.In this article, unless a different meaning plainly is required:

            (a) “Client” or “Patient” means a person that is being treated clinically or medically by a psychotherapist for more than one session or initial visit.

            (b) "Psychotherapist" means any of the following:(1) A psychiatrist licensed pursuant to article three, chapter thirty of this code;

            (2) A psychologist licensed pursuant to article twenty-one, chapter thirty of this code or medical psychologist licensed pursuant to article three, chapter thirty of this code;

            (3) A licensed clinical social worker licensed pursuant to article thirty, chapter thirty of this code; or(4) A mental health counselor licensed pursuant to article thirty-one, chapter thirty of this code.    (c) "Sexual contact" means any intentional touching, either directly or through clothing, of the breasts, buttocks, anus or any part of the sex organs of another person, or intentional touching of any part of another person's body by the actor's sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party.

            (d) "Sexual intercourse" means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person.

            (e) "Therapeutic deception" means a representation by the psychotherapist to the patient or client that sexual contact or sexual intercourse with the psychotherapist is consistent with or part of the treatment of the patient or client.

§61-8F-2. Prohibited sexual contact by a psychotherapist; exceptions; criminal penalties.

            (a) It is unlawful for any psychotherapist, or any person who fraudulently represents himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a current or former client or patient whose relationship is known to the psychotherapist; Provided, however, That it is not a violation of this section if the sexual contact between the psychotherapist and the former patient or former client occurs more than one year after the termination of the treatment.

            (b) It is unlawful for any psychotherapist, or any person who fraudulently represents himself or herself as a psychotherapist, to engage in sexual contact or sexual intercourse with a client or patient by means of therapeutic deception.

            (c) For purposes of this section, consent of the patient or client is not a defense, regardless of the age of the patient or client.

            (d) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000.00 or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.(e) Any person who violates subsection (b) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $20,000.00 or imprisoned in a state correctional facility for not less than five nor more than ten years, or both fined and imprisoned.