The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the prosecution of the criminal offense of sexual assault. Under the provisions of the bill, a sexual assault is without the consent of the other person if the other person has not consented and the actor knows the other person is physically unable to communicate because of fear or if the actor is a health care services provider, which can include a licensed massage therapist, who exploits the other person's dependency as outlined in the bill. Sexual assault as described in the bill is currently punishable as a second degree felony. 
 

A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, may be subject to an optional fine not to exceed $10,000.  

Expanding the circumstances for which a criminal penalty is applied is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant population impact is indeterminate due to the lack of data that would allow those cases in which the other person is unable to communicate because of fear or the actor is a health care services provider who exploits the other person's dependency to be isolated from all other cases. In fiscal year 2018, 1,144 people were arrested, 100 people were placed on felony direct community supervision, and 149 people were incarcerated under existing statute.