Text: HSB00585 Text: HSB00587 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.15A SEXUAL EXPLOITATION BY A
1 2 SCHOOL EMPLOYEE AT A PUBLIC OR NONPUBLIC SECONDARY SCHOOL.
1 3 1. For purposes of this section:
1 4 a. "School employee" means a teacher, employee, contract
1 5 employee, coach, or assistant coach who is teaching or
1 6 coaching at, or working for, a public or nonpublic school or
1 7 area education agency.
1 8 b. "Student" means a person who is currently enrolled at a
1 9 public or nonpublic secondary school, or who was a student
1 10 enrolled at a public or nonpublic secondary school within
1 11 thirty days of any violation of this section.
1 12 2. Sexual exploitation by a school employee occurs when
1 13 the school employee engages in any sexual contact with a
1 14 student for the purpose of arousing or satisfying the sexual
1 15 desires of the school employee or student. "Sexual contact"
1 16 includes but is not limited to a sex act defined in section
1 17 702.17, kissing, touching of the clothed or unclothed inner
1 18 thigh, breast, groin, buttock, anus, pubes, or genitals.
1 19 3. Sexual exploitation by a school employee does not
1 20 include any contact described in subsection 2 that occurs
1 21 while the school employee is reasonably acting within the
1 22 scope of employment.
1 23 4. A school employee commits an aggravated misdemeanor if
1 24 the school employee commits sexual exploitation by performing
1 25 a sex act as defined in section 702.17 with the student, and a
1 26 serious misdemeanor for any other sexual exploitation as
1 27 defined in this section.
1 28 EXPLANATION
1 29 This bill establishes a new criminal offense of sexual
1 30 exploitation by a school employee at a public or nonpublic
1 31 secondary school. The bill defines "school employee" to mean
1 32 a teacher, employee, contract employee, coach, or assistant
1 33 coach who is teaching or coaching at, or working for, a public
1 34 or nonpublic school or area education agency.
1 35 The bill provides that a school employee shall not engage
2 1 in any sexual contact with a student who is enrolled at a
2 2 public or nonpublic secondary school, or who was a student
2 3 enrolled at a public or nonpublic secondary school within 30
2 4 days of any violation of this bill, for the purpose of
2 5 arousing the sexual desires of either of them.
2 6 The bill defines "sexual contact" to include, but not be
2 7 limited to, a sex act as defined in Code section 702.17,
2 8 kissing, touching of the clothed or unclothed inner thigh,
2 9 breast, groin, buttock, anus, pubes, or genitals.
2 10 Under the bill, a school employee does not commit sexual
2 11 exploitation if the contact occurred while reasonably acting
2 12 within the scope of employment.
2 13 The bill provides that a school employee commits an
2 14 aggravated misdemeanor if the school employee commits a sex
2 15 act as defined in Code section 702.17 with the student and a
2 16 serious misdemeanor for any other violation of this bill.
2 17 A serious misdemeanor is punishable by confinement for no
2 18 more than one year and a fine of at least $250 but not more
2 19 than $1,500. An aggravated misdemeanor is punishable by
2 20 confinement for no more than two years and a fine of at least
2 21 $500 but not more than $5,000.
2 22 LSB 5518HC 79
2 23 jm/hk/91
Text: HSB00585 Text: HSB00587 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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