Staff Analysis of the Legislation
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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.
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