It's A Crime, Not An Affair

State Laws Criminalize Clergy/Congregant Sexual Contact

Full text of statutes can be found at Washburn University School of Law.


Fiduciary Duty Laws Restrict Sexual Contact Between Licensed Caregivers and Their Clients Even After the Professional Relationship Has Ended

Florida 491.0112(1): "sexual misconduct with a client or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact"

Iowa 709.15 (1)(b): "a former patient or client is considered to be emotionally dependent for one year following the termination of the provision of mental health services"

Michigan 750.520e(1)(e): "the sexual contact occurs during or within two years after the period in which the victim is his or her client or patient"

Minnesota 609.344(h)(ii): "the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist"

New Mexico 30-9-10(A)(5): "during the course of psychotherapy or within a period of one year following the termination of therapy"

Rhode Island 5-63.1-1 (1): "a person who obtained .  .  . therapeutic service from a mental health professional within two years prior to sexual contact with the mental health professional"

Texas Penal Code 22.011(b)(9): "by exploiting [the patient or former patient's] .  .  . emotional dependency"; and (b)(10) "by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual advisor"