3.23Sexual Contact or Penetration Under Pretext of Medical Treatment
A.Elements of Offense—Pretext of Medical Treatment Involving Sexual Contact
“An individual who undertakes medical treatment of a patient and in the course of that medical treatment misrepresents to the patient that sexual contact between the individual and the patient is necessary or will be beneficial to the patient’s health and who induces the patient to engage in sexual contact with the individual by means of the misrepresentation is guilty of a felony . . . .” MCL 750.90(1).
B.Elements of Offense—Pretext of Medical Treatment Involving Sexual Penetration1
“An individual who undertakes medical treatment of a patient and in the course of that medical treatment misrepresents to the patient that sexual penetration between the individual and the patient is necessary or will be beneficial to the patient’s health and who induces the patient to engage in sexual penetration with the individual by means of the misrepresentation is guilty of a felony . . . .” MCL 750.90(2).
a.Pretext of Medical Treatment—Sexual Contact
A person convicted of violating MCL 750.90(1) (sexual contact) may be sentenced to not more than 20 years of imprisonment. MCL 750.90(1). No fine is authorized. See id.
b.Pretext of Medical Treatment—Sexual Penetration
A person convicted of MCL 750.90(2) (sexual penetration) may be sentenced to not more than 25 years of imprisonment. MCL 750.90(2). No fine is authorized. See id.
c.Additional Offenses Charged
“[MCL 750.90] does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating [MCL 750.90].” MCL 750.90(3).
d.Consecutive Sentencing Permitted
“The court may order a term of imprisonment imposed for a violation of [MCL 750.90] to be served consecutively to a term of imprisonment imposed for any other crime, including any other violation of law arising out of the same transaction as the violation of [MCL 750.90].” MCL 750.90(4).
The court must order a defendant convicted of violating MCL 750.90 to pay a crime victim assessment of $130. See MCL 780.905(1)(a).
3.Minimum State Cost and Other Costs
If the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $68. See MCL 769.1j(1)(a); MCL 769.1k(1)(a).
1 MCL 333.16279(1) prohibits a medical professional (licensee or registrant) from performing “a medical treatment, procedure, or examination on a patient who is a minor that involves the vaginal or anal penetration of the minor” unless the specific conditions set forth in MCL 333.16279(1)(a)-(c) are satisfied or the medical treatment is not subject to those conditions, as described in MCL 333.16279(3)(a)-(f). Violation of MCL 333.16279(1) is a felony, and a first offense is punishable by not more than two years of imprisonment or a fine of not more than $5,000, or both. MCL 333.16279(5)(a). A subsequent violation is punishable by not more than five years of imprisonment or a fine of not more than $10,000, or both. MCL 333.16279(5)(b). A defendant charged with violating MCL 333.16279(1) may be charged with, convicted of, or punished for any other violation of law committed during the defendant’s violation of MCL 333.16279(1). MCL 333.16279(6). A sentence imposed for violating MCL 333.16279(1) may be made consecutive to other terms of imprisonment imposed for any other crime, including crimes committed during the same transaction. MCL 333.16279(7).