Sexual Offenses; clergy members to be charged with certain improper sexual contact offenses; permit

Clergy sexual misconduct brings new criminal penalties

Georgia creates two crimes for clergy who knowingly engage in sexual conduct within a pastoral counseling or spiritual authority relationship. Clergy includes religious leaders and people who present themselves as religious leaders. The relationship involves spiritual guidance, care, instruction, confession, mentoring, or support where clergy exercise influence, trust, or authority over someone's well-being. The conduct must involve undue influence, coercion, harassment, duress, deception, false representation, false pretense, or intimidation. The crimes do not apply to people lawfully married to each other. First-degree offenses involve sexually explicit conduct and carry 1 to 25 years in prison and a fine up to $100,000. Second-degree offenses involve other sexual contact with intimate body parts for sexual gratification. A first second-degree conviction is a misdemeanor of a high and aggravated nature; later convictions carry 1 to 5 years in prison. A prior sexual-felony conviction triggers life imprisonment or prison followed by lifetime probation for a qualifying conviction under these new crimes. Probation must include electronic monitoring, but this sentencing rule excludes repeat second-degree convictions subject to the 1-to-5-year penalty. Criminal cases under these new offenses must begin within 15 years after the crime, despite other prosecution deadlines.