Crimes: sexual exploitation: clergy.
What changed between versions
A new Section 266.6 is added to the Penal Code creating 'sexual exploitation by a member of the clergy' as a standalone criminal offense with its own definitions, penalty structure, and consent-is-not-a-defense rule. Previously this conduct was only covered as part of the broader Section 729 professional misconduct statute.
Section 729(a)(1) of the Business and Professions Code no longer includes members of the clergy among the covered professionals. Clergy are now addressed separately in subdivision (a)(2) and through the new Penal Code section, cleanly separating clergy from medical and mental health professionals.
The definition of 'member of the clergy' was simplified from a redundant two-part definition (listing priests, ministers, rabbis, etc. twice with slightly different phrasing) to a single concise definition: 'a priest, minister, rabbi, ordained religious practitioner, or similar functionary of a recognized religious organization.' The separate definition of 'member of the congregation' was removed from the new Penal Code section.
The new Section 266.6 includes its own confidentiality provision (subdivision e) protecting patient/client records during investigation and prosecution, and a partnership liability limitation (subdivision f) stating that one clergy member's violation does not expose other members of the same group to liability.
Coauthors Assembly Members Addis, Lowenthal, and Pellerin were added to the bill.