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Who cares
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Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a student enrolled in a school, regardless of age, who is engaged in sexual conduct with an employee or volunteer is deemed incapable of consent
In Assembly Committee · Codes · Sponsor Darryl Towns
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to deeming students who engage in sexual conduct with an employee or volunteer of the school such student attends as being incapable of consent
Purpose or general idea of bill
Prohibits sexual student/teacher relationships regardless of the fact that the student may be 18 years old or older.
Summary of specific provisions
Section 1 (h) of section 130.05 of the penal law is amended to add a new paragraph (i). This new paragraph includes the student-teacher/volunteer relationship in elementary or secondary school within the purview of section 130.05. Students are deemed incapable of consent regardless of the fact that they may be 18 years old or older.
Effects of present law which this bill would alter
Currently the age of consent is 18 years of age. There is no law prohibiting a relationship between a student and teacher if the student is 18 years or older. This bill would prohibit such relationships.
Justification
The relationship between a student and a teacher or volunteer is one of trust and reliance. Teachers and school employees provide students with knowledge, structure, guidance, positive examples and friendship. This special relationship of trust and admiration could leave students vulnerable to the sexual advances of school staff. Students can easily confuse their platonic love and admiration for a teacher with feelings of a more intimate nature. While an 18-year old student may not realize that they are being exploited, the teacher or volunteer should know that such advances or relationships are inappropriate. This bill seeks to protect vulnerable young people from the inappropriate advances of those they trust.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.