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 the public school or private school at which the person is employed,
is guilty of a category C felony and shall be punished as provided in 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 as provided in 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.