Senate Bill No. 183–Committee on Judiciary

 

(On Behalf of Office of the Attorney General)

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing sexual conduct between pupils and persons in position of authority at schools. (BDR 15‑483)

 

FISCAL NOTE:            Effect on Local Government: No

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; revising the provisions governing sexual conduct between pupils and persons who are in positions of authority at schools; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 200.368 is hereby amended to read as follows:

1-2    200.368  [A] Except under circumstances where a greater penalty is

1-3  provided in NRS 201.540, a person who commits statutory sexual

1-4  seduction shall be punished:

1-5    1.  If he is 21 years of age or older, for a category C felony as provided

1-6  in NRS 193.130.

1-7    2.  If he is under the age of 21 years, for a gross misdemeanor.

1-8    Sec. 2.  NRS 201.540 is hereby amended to read as follows:

1-9    201.540  1.  Except as otherwise provided in subsection [3,] 4, a

1-10  person who:

1-11    (a) Is 21 years of age or older;

1-12    (b) Is employed in a position of authority by a public school or private

1-13  school[;] or volunteering in a position of authority at a public or private

1-14  school; and

1-15    (c) Engages in sexual conduct with a pupil who is 16 or 17 years of age

1-16  and who is enrolled in or attending the public school or private school at

1-17  which the person is employed[,] or volunteering,

1-18  is guilty of a category C felony and shall be punished as provided in NRS

1-19  193.130.

1-20    2.  Except as otherwise provided in subsection 4, a person who:

2-1    (a) Is 21 years of age or older;

2-2    (b) Is employed in a position of authority by a public school or private

2-3  school or volunteering in a position of authority at a public or private

2-4  school; and

2-5    (c) Engages in sexual conduct with a pupil who is 14 or 15 years of

2-6  age and who is enrolled in or attending the public school or private

2-7  school at which the person is employed or volunteering,

2-8  is guilty of a category B felony and shall be punished by imprisonment in

2-9  the state prison for a minimum term of not less than 1 year and a

2-10  maximum term of not more than 6 years, and may be further punished

2-11  by a fine of not more than $5,000.

2-12    3.  For the purposes of [subsection 1,] subsections 1 and 2, a person

2-13  shall be deemed to be employed in a position of authority by a public

2-14  school or private school or deemed to be volunteering in a position of

2-15  authority at a public or private school if the person is employed or

2-16  volunteering as:

2-17    (a) A teacher or instructor;

2-18    (b) An administrator;

2-19    (c) A head or assistant coach; or

2-20    (d) A teacher’s aide or an auxiliary, nonprofessional employee who

2-21  assists licensed personnel in the instruction or supervision of pupils

2-22  pursuant to NRS 391.100.

2-23    [3.] 4. The provisions of this section do not apply to a person who is

2-24  married to the pupil.

2-25    Sec. 3.  The amendatory provisions of this act do not apply to offenses

2-26  committed before July 1, 2001.

2-27    Sec. 4.  This act becomes effective on July 1, 2001.

 

2-28  H