SUMMARY--Prohibits persons employed in positions of authority by school, college or university from engaging in sexual conduct with students of certain ages. (BDR 15-714)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to crimes; prohibiting a person employed in a position of authority by a public school or private school from engaging in sexual conduct with a student who is 16, 17 or 18 years of age; prohibiting a person employed in a position of authority by a college or university from engaging in sexual conduct with a student who is 16 or 17 years of age; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 201of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2 As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "College" means a college or community college which is privately owned or which is part of the University and Community College System of Nevada.
Sec. 4 "Private school" has the meaning ascribed to it in NRS 394.103.
Sec. 5 "Public school" has the meaning ascribed to it in NRS 385.007.
Sec. 6 "Sado-masochistic abuse" has the meaning ascribed to it in NRS 201.262.
Sec. 7 "Sexual conduct" means:
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other oral-genital contact;
4. Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;
5. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;
6. Masturbation or the lewd exhibition of unclothed genitals; or
7. Sado-masochistic abuse.
Sec. 8 "University" means a university which is privately owned or which is part of the University and Community College System of Nevada.
Sec. 9 1. A person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school; and
(c) Engages in sexual conduct with a student who is 16, 17 or 18 years of age and who is enrolled in or attending a public school or private school,
is guilty of a category C felony and shall be punished pursuant to NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a public school or private school if the person is employed as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teacher's aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of students pursuant to NRS 391.100.
Sec. 10 1. A person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a college or university; and
(c) Engages in sexual conduct with a student who is 16 or 17 years of age and who is enrolled in or attending the college or university at which the person is employed,
is guilty of a category C felony and shall be punished pursuant to NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:
(a) A teacher, instructor or professor;
(b) An administrator; or
(c) A head or assistant coach.
Sec. 11 The amendatory provisions of this act do not apply to acts of sexual conduct that are committed before October 1, 1997.