Michigan House Bill HB4302

Michigan 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23
• Report Pass: 5/17/23
• Engrossed: 6/21/23
• Refer: 6/27/23
• Report Pass: 6/27/23
• Engrossed: 9/6/23
• Enrolled: 9/13/23
• Chaptered: 9/27/23
• Passed: 9/27/23

Caption

Crimes: criminal sexual conduct; references to married minors in the Michigan penal code; modify. Amends secs. 520d, 520e & 520l of 1931 PA 328 (MCL 750.520d et seq.). TIE BAR WITH: SB 0209'23

Impact

The implications of HB 4302 on state laws are significant, as it reinforces the penalties associated with crimes of sexual conduct against minors. By incorporating stricter definitions and extending the reach of the law, the bill aims to enhance protections for younger individuals, particularly students and those receiving special education services. The changes also include clearer guidelines about what constitutes an abuse of power regarding sexual consent, marking a progressive step toward safeguarding vulnerable populations.

Summary

House Bill 4302 amends the Michigan Penal Code concerning criminal sexual conduct, specifically targeting offenses involving minors. This bill revises the definitions and penalties related to second and third-degree criminal sexual conduct, particularly emphasizing the age relationships between the offender and the victim. One major change introduced is the explicit prohibition against sexual contact with minors by individuals in positions of authority, such as teachers and foster caregivers, further tightening the existing laws on sexual offenses involving minors.

Sentiment

Sentiment surrounding HB 4302 appears largely supportive, particularly among advocacy groups and lawmakers who prioritize child protection and sexual offense prevention. However, there are concerns regarding the balancing act of protecting minors while ensuring due process for alleged offenders. While most discussions have focused on enhancing protection for children, some critics argue that the bill's language could lead to unintended legal complications, particularly concerning consent issues within certain age brackets.

Contention

Despite the overall positive reception, several points of contention have arisen during discussions on the bill. Critics have highlighted the potential for misunderstandings regarding relationships that could lead to wrongful accusations, particularly where nuances of consent and authority are concerned. There is an ongoing debate about how to best address these issues without disincentivizing young victims from coming forward. Additionally, some legislators questioned whether the penalties were proportionate to the offenses, especially regarding issues of mutual consent among near-age individuals.