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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the crime of sexual abuse of authority
Purpose
This bill relates to establishing the crime of sexual abuse of authority.
Summary of provisions
Section 1 amends the penal law by adding a new section 130.97. A person is guilty of sexual abuse of authority when he or she engages in sexual conduct with another who is not the spouse of the offender when the offender is a teacher, administrator, coach or other person in authority employed by or serving in an elementary or secondary school, or a college or university.
Sexual abuse of authority shall be a class A misdemeanor.
Justification
This bill makes it illegal for school employees to have sex with students, regardless of age or consent. Under current law, no criminal charges can be brought against offending employees because the students are not minors. Schools Chancellor Joel Klein specifically requested that this legislation be introduced after two Manhattan high school faculty members engaged in consensual sexual relations with 18 year old students.
Under the provisions of this legislation, it will be easier for school districts to dismiss employees engaging in questionable, immoral activity.
Connecticut and Ohio have enacted similar measures.
Legislative history
New bill.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.