2005 Idaho Code - 18-919 — SEXUAL EXPLOITATION BY A MEDICAL CARE PROVIDER

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 9
                             ASSAULT AND BATTERY
    18-919.  SEXUAL EXPLOITATION BY A MEDICAL CARE PROVIDER. (a) Any person
acting or holding himself out as a physician, surgeon, dentist,
psychotherapist, chiropractor, nurse or other medical care provider as defined
in this section, who engages in an act of sexual contact with a patient or
client, is guilty of sexual exploitation by a medical care provider. For the
purposes of this section, consent of the patient or client receiving medical
care or treatment shall not be a defense. This section does not apply to
sexual contact between a medical care provider and the provider's spouse, or a
person in a domestic relationship who is also a patient or client. Violation
of this section is punishable by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in the county jail not to exceed one (1) year, or
both.
    (b)  For the purposes of this section:
    (1)  "Intimate part" means the sexual organ, anus, or groin of any person,
    and the breast of a female.
    (2)  "Medical care provider" means a person who gains the trust and
    confidence of a patient or client for the examination and/or treatment of
    a medical or psychological condition, and thereby gains the ability to
    treat, examine and physically touch the patient or client.
    (3)  "Sexual contact" means the touching of an intimate part of a patient
    or client for the purpose of sexual arousal, gratification, or abuse,
    and/or the touching of an intimate part of a patient or client outside the
    scope of a medical examination or treatment.
    (4)  "Touching" means physical contact with another person, whether
    accomplished directly, through the clothing of the person committing the
    offense, or through the clothing of the victim.