Relating to crimes and offenses; to provide for the crimes of a school employee engaging in a sex act, deviant sexual intercourse, or having sexual contact with a student; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if he or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.
(b) As used in this section, "sex act" means sexual intercourse with any penetration, however slight; emission is not required.
(c) As used in this section, "deviant sexual intercourse" means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.
(d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony.
Section 2. (a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engaging in sexual contact with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.
(b) As used in this section, "sexual contact" means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.
(c) The crime of a school employee having sexual contact with a student is a Class A misdemeanor.
Section 3. A school employee charged with the crime of engaging in a sex act or deviant sexual intercourse with a student or the crime of having sexual contact with a student may be placed on paid administrative leave while the charge is adjudicated. Upon the adjudication of the charge, further disciplinary action may be taken in accordance with the Teacher Tenure Act, Section 16-24-1, et seq., the Teacher Accountability Act, Section 16-24B-1, et seq., or the Fair Dismissal Act, Section 36-26-100, et seq., whichever is applicable.
Section 4. For purposes of this act, "school employee" includes a teacher, school administrator, student teacher, safety or resource officer, coach, and other school employee.
Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 6. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.