Provides that a student enrolled in an elementary or secondary school in this state, regardless of age, who is engaged in sexual conduct with an employee or volunteer of such school, is deemed incapable of consenting to such conduct.
STATE OF NEW YORK
________________________________________________________________________
4161
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. RODRIGUEZ -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to deeming students who
engage in sexual conduct with an employee or volunteer of the school
such student attends as being incapable of consent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the
2 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
3 2018, is amended and a new paragraph (k) is added to read as follows:
4 (j) detained or otherwise in the custody of a police officer, peace
5 officer, or other law enforcement official and the actor is a police
6 officer, peace officer or other law enforcement official who either: (i)
7 is detaining or maintaining custody of such person; or (ii) knows, or
8 reasonably should know, that at the time of the offense, such person was
9 detained or in custody[.]; or
10 (k) a student enrolled in an elementary or secondary school in this
11 state, regardless of age, who is engaged in sexual conduct as defined in
12 subdivision ten of section 130.00 of this article with an employee or
13 volunteer of the school attended by such student. For purposes of this
14 paragraph, "employee" means any person receiving compensation to provide
15 services to such school, whereby such services performed by such person
16 involve direct student contact. "Volunteer" means any person, other than
17 an employee, who provides services to such school, which involves direct
18 student contact.
19 § 2. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03033-01-1
