HF 2011 (LSB 5270YH (3) 86)

HOUSE FILE 2011

BY  JONES

A BILL FOR

An Act relating to the criminal offense of sexual exploitation by a school employee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.15, subsection 1, paragraph f, Code 2016, is amended to read as follows:
   f.  (1)  “School employee” means a any of the following, except as provided in subparagraph (2):
   (a)  A practitioner as defined in section 272.1 or a.
   (b)  A person issued a coaching authorization under section 272.31, subsection 1.
   (c)  A person employed by a school district full-time, part-time, or as a substitute.
   (d)  A person who performs services as a volunteer for a school district and who has significant contact with students.
   (e)  A contract employee of the school district who has significant contact with students.
   (2)  “School employee” does not include a student enrolled in a school district. A person who would otherwise meet the definition of school employee under subparagraph (1), subparagraph divisions (b) through (e), shall not be considered a school employee for purposes of this paragraph “f” if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill expands the Code provision that establishes the criminal offense of sexual exploitation by a school employee to include a person employed by a school district full-time, part-time, or as a substitute; and a person who performs services as a volunteer or contract employee for a school district and who has significant contact with students.
   However, under the bill, “school employee” does not include a student enrolled in a school district. A person who would otherwise meet the definition of school employee shall not be considered a school employee if the person is less than four years older than the student and is not in a position of direct authority over the student.
   Currently, a school employee is defined to include any practitioner or coach who is licensed or authorized by the board of educational examiners. The current definition does not limit employment to a public or nonpublic school.
   A person who commits sexual exploitation by a school employee in violation of Code section 709.15(3) commits either an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250; or a class “D” felony, which is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. The person’s actions also constitute unprofessional and unethical conduct that may result in disciplinary action by the board of educational examiners and the person must register as a sex offender.