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HB 0886 - Sexual offenses; sexual assault; change certain provisions

Tracking Level: New Bill
Sponsor: Levitas,Kevin 82nd
Last Action: 1/13/2010 - House Second Readers
House Committee: JudyNC
Assigned To:
PersonnelNext Bill
School SafetyNext Bill
Student MattersNext Bill

Staff Analysis of the Legislation

SUMMARY:  This bill would amend Chapter 6 of Title 16 to extend the list of  persons liable for such offenses to educators and anyone with supervisory or disciplinary authority over another.

 

REQUIREMENTS:

  • Sexual assault by such person occurs when:
    • Employee, agent or volunteer of any K-12 school engages in sexual contact with someone whom the actor knows or should have known is enrolled or attending the same institution;
  • Bill also hold liable an employee, agent or volunteer for:
    • Any probation or parole office;
    • A law enforcement agency;
    • A hospital
    • A practitioner of psychotherapy
  • Consent of the victim would not be a defense;
  • Conviction would result in imprisonment for no less than 30 years or by fine or both, but:
    • If victim is under age 16 punishment would be no less than 10 nor more than 50 years
    • If the victim is at least 14 but not more than 18 and if the actor is 18 or younger and is no more than 4 years older than the victim, the actor is guilty of a misdemeanor
  • Sexual assault would not be merged with any other offense.

 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text