Provides that a full time elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee at his or her school, including volunteers, when the employee is 18 or older and knows or should reasonably have known that the student was a student at the school, and such employee is not a full time student at such school, nor married to such student.
STATE OF NEW YORK
________________________________________________________________________
794
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, MOLINARO, DUPREY, TOWNSEND, GIGLIO,
HAWLEY, BALL, BURLING, ZEBROWSKI, RAIA, McKEVITT, FINCH -- Multi-Spon-
sored by -- M. of A. BARCLAY, CALHOUN, CONTE, CROUCH, GABRYSZAK, KOLB,
QUINN, THIELE, TOWNS, WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to providing that a full time
elementary or secondary school student shall be incapable of consent-
ing to sexual conduct with a school employee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.00 of the penal law is amended by adding a new
2 subdivision 14 to read as follows:
3 14. "School employee" shall mean any person defined as an "employee"
4 or "volunteer" pursuant to subdivisions three and four of section eleven
5 hundred twenty-five of the education law, or any other public servant
6 assigned to any duties at an elementary or secondary school.
7 § 2. Paragraph (h) of subdivision 3 of section 130.05 of the penal
8 law, as amended by chapter 264 of the laws of 2003, is amended and a new
9 paragraph (i) is added to read as follows:
10 (h) a client or patient and the actor is a health care provider or
11 mental health care provider charged with rape in the third degree as
12 defined in section 130.25, criminal sexual act in the third degree as
13 defined in section 130.40, aggravated sexual abuse in the fourth degree
14 as defined in section 130.65-a, or sexual abuse in the third degree as
15 defined in section 130.55, and the act of sexual conduct occurs during a
16 treatment session, consultation, interview, or examination[.]; or
17 (i) a full time student at an elementary or secondary school, and the
18 actor:
19 (i) is a school employee, being eighteen years of age or older, at the
20 same school such student attends;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01524-01-9
A. 794 2
1 (ii) is not married to such student;
2 (iii) knows or reasonably should know that such person is a full time
3 student at such school; and
4 (iv) he or she is not a full time student at the same school.
5 § 3. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
