The New York State Senate recently passed legislation criminalizing any school employee or volunteer who has sexual contact with a student, even if that student is at the age of consent. The bill (S1358A) is intended to further protect full-time students of elementary and secondary schools from employees who engage in inappropriate relationships.
This bill deems an elementary or secondary school student incapable of consenting to sexual conduct with a school employee banning sexual conduct between a school employee and a student. Violations would be a Class E felony and carry a sentence of up to 4 years in prison.
The legislation also addresses any adult that is in a position of trust in a school by defining school employees as anyone receiving compensation from a school district where services performed involved direct student contact. It would also include any person, other than an employee, who provides services to a school or school district which involve direct student contact.
The bill will be sent to the Assembly.