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.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Duane, Marcellino, Perkins
TITLE OF BILL: An act to amend the penal law, in relation to providing that an elementary or secondary school student shall be incapable of consenting to sexual conduct with a school employee
PURPOSE: To criminalize school employees for sexual conduct with full time students of elementary and secondary schools.
SUMMARY OF PROVISIONS: Section 1- Amends section 130.00 of the penal law by defining "school employee."
Section 2- Amends paragraph (h) of subdivision 3 of section 130.05 of the penal law and adds a new paragraph to include school employees, being eighteen years of older, at the same school of such student attends to be charged if sexual conduct occurs.
Section 3- Contains the effective date.
EXISTING LAW: Section 130.05 provides for the definition of sex offense with lack of consent as rape in the third degree, which is a class E felony and carries a sentence of 1 1/3 to 4 years imprisonment.
JUSTIFICATION: This legislation seeks to assign a criminal penalty to those persons who engage in sexual conduct with a person that he or she knows or reasonably should know is a full time student at the school that they are employed.
Children need to be protected from those in positions of power who may try and manipulate them into engaging in sexual activities, even if they are at the age of consent. There have been far too many instances of inappropriate sexual conduct between teachers and their students.
This legislation also defines the term school employee to mean any person defined as an employee or volunteer pursuant to section 1125 of the education law. Any person receiving compensation from a school district where services performed involved district student contact and any person, other than an employee, who provide services to a school or school district, which involve direct student contact would be considered a school employee. This legislation addresses any possible adult that is in a position of trust in a school.
Twenty other states have recognized the seriousness of the issue and criminalize this conduct under their current statutes.
LEGISLATIVE HISTORY: 2009/10: Referred to Codes 2007/08: Passed Senate 2006: Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6714 IN SENATE March 12, 2012 ___________Introduced by Sens. LITTLE, SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to providing that an elemen- tary or secondary school student shall be incapable of consenting 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: Section 1. Section 130.00 of the penal law is amended by adding a new subdivision 14 to read as follows: 14. "SCHOOL EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS AN "EMPLOYEE" OR "VOLUNTEER" PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION LAW. S 2. Paragraph (h) of subdivision 3 of section 130.05 of the penal law, as amended by chapter 264 of the laws of 2003, is amended and a new paragraph (i) is added to read as follows: (h) a client or patient and the actor is a health care provider or mental health care provider charged with rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55, and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination
[.]; OR (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR: (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS OLDER THAN SUCH STUDENT AT THE TIME OF THE ACT, AND (III) IS NOT MARRIED TO SUCH STUDENT, AND (IV) KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT SUCH SCHOOL, AND (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02002-01-1