STATE LAWS CONCERNING SEXUAL EXPLOITATION/ASSAULT
- Alabama Code §13A-6-65 (2013) Sexual Misconduct.
- Alaska ALASKA STAT. §§11.41.410(a)(4)(A)-(B), 11.41.420(a)(4)(A)-(B), 11.41.470(1) (2013) Applies to conduct that occurs during the course of treatment and when the victim is unaware that sexual activity is occurring.
- Arizona ARIZ. REV. STAT. § 13-1418 (2013) “[I]ntentionally or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional.”
- California CAL BUS. & PROF. CODE § 729 (2013) Applies to sexual conduct toward current clients and former clients when the professional relationship
was terminated primarily for the purpose of engaging in those acts, unless the practitioner has referred the client to an independent and objective practitioner recommended by a third-party practitioner for treatment.
- Colorado COLO. REV. STAT. §§ 18-3-405.5(1),(2) (2014) Applies to clients who seek or receive psychotherapy; also, “therapeutic deception.”
- Connecticut CONN. GEN. STAT. §§ 53a-71(a)(6), 53a-73a(a)(4), 53a-65(9)-(12) (2013) Applies to current clients during a psychotherapy session, current or former client if the individual is emotionally dependent upon the therapist; current or former client by means of therapeutic deception.
- Delaware DEL CODE ANN. tit. 11,§ 761 Therapeutic deception.
- District of Columbia D.C. CODE ANN. §§ 22-3015, 22-3016 (2012) Applies to current clients; impaired clients; therapeutic deception; deception.
- Florida FLA. STAT. ch. 491.0112 (2014) Applies to contact with current clients or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact; higher level offense if “therapeutic
deception” was used.
- Georgia GA. CODE ANN. § 16-6-5.1(c)(2) (2014) Applies to contact with current clients or when the treatment relationship is used to facilitate sexual contact.
- Idaho IDAHO CODE § 18-919(a) (2012) Applies to contact with current clients.
- Iowa IOWA CODE § 709.15 (2013) Applies to contact with client or former client up to one year after termination of professional services for the purpose of arousing or satisfying the sexual desires of the therapist or the client or former
- Kansas KAN. STAT. ANN. § 21-5503 (2013) Therapeutic deception cases.
- Maine 17-A ME. STAT. ANN. § 253(2)(1) (2013) Applies to contact between social worker and current client.
- Maryland Md. CRIMINAL LAW Code Ann. §3-308. (2014).
- Maryland HB33 Criminal Law – Professional Counselors and Therapists – Conduct (Lynette’s Law) (2014)
- Michigan Penal Code §§750.520b(d)(i), (f)(iv), (g), (h)(ii). (2014). Criminal sexual conduct in the first degree; circumstances; felony; consecutive terms.
- Minnesota MINN. STAT. ANN. §§609.344(1)(h)-(j), 609.345(1)(h)-(j) (2014)
Applies to contact with current clients; former clients who are emotionally dependent on the therapist; therapeutic deception.
- New Hampshire N.H. REV. STAT. ANN. § 632-A:2(g) (2014) Applies to contact with current clients; former clients for one year after termination of services.
- New Mexico N.M. STAT. ANN. § 30-9-10(A)(5);30-9-11 (2014) Applies to current clients and former clients for one year after termination of services.
- New York NY CLS PENAL § 130.05 (2013) Current clients.
- North Dakota CENT. CODE. § 12.1-20-04. Sexual imposition.
- North Dakota N.D. CENT. CODE §§ 2.1-20-06.1 (2013) Current clients.
- Ohio Code §632-A:3 (2014). Sexual Assault with Related Offenses.
- Ohio Code §2907.03 (2014). Sexual Battery.
- Ohio Code §2907.05 (2014). Gross Sexual Imposition.
- Ohio Code §2907.06 (2014). Sexual Imposition.
- Ohio 4757.11 (2014). Establishing Code of Ethical Practice.
- Ohio ORC Ann. 2907.03 (10) (2013) Therapeutic deception.
- South Dakota S.D. CODIFIED LAW §§ 22-22-28, 22-22-29 (2013) Current client who is emotionally dependent on the psychotherapist.
- Texas Civil Practice and Remedies Code Sexual Exploitation
- Texas TEX. PENAL CODE ANN. §22.011(b)(9) (2013) Current client whose emotional dependency is exploited by the therapist.
- Utah UTAH CODE ANN. § 76-5-406(12) (2014) Therapeutic deception.
- Washington WASH. REV. CODE §§9A.44.050(1)(d), 9A.44.100(l)(d) (2013). Current client who is unaware that the conduct is not for therapeutic purposes and acts occur during a purported treatment session, consultation, interview, or
- Wisconsin WIS. STAT. § 940.22 (2012) Current clients.
- Wyoming Sexual Assault