AB 243

Under current law, a person who is a member of a school staff may not have

sexual contact or sexual intercourse with a child who is over the age of 16 but under

the age of 18 and who is enrolled in the person's school or school district. A person

who does so is guilty of a Class H felony and subject to a fine up to $10,000,

imprisonment up to six years, or both. In addition, a person who is convicted of this

crime must register as a sex offender and is ineligible for early release from

incarceration and for certain types of employment or licensing. Current law also

places restrictions on the type of evidence that is admissible when a person is

prosecuted for the crime, allows a court to restrict spectators at the trial, and requires

school administrators to report a person who is charged with this crime to the state

superintendent of public instruction.

This bill makes it a crime for a person who is or was a member of a school staff

to have sexual contact or sexual intercourse with a person who is, or who was within

one year of the contact or intercourse, a student at a school where the person is or

was a member of the school staff. Under the bill, a person who does so is guilty of a

Class H felony and is subject to the same penalties, sex offender registry

requirements, and restrictions as a member of a school staff who is convicted of

having sexual contact or sexual intercourse with a child who is over the age of 16 and

who is enrolled in the person's school or school district.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.