GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 763

Short Title:  Teacher/Student/No Sex Acts.	(Public)

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Sponsors: Representatives Mitchell; and Setzer.

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Referred to:  Judiciary III.

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March 31, 1999

A BILL TO BE ENTITLED
AN ACT TO MAKE IT UNLAWFUL FOR A SCHOOL TEACHER OR ADMINISTRATOR TO ENGAGE IN SEXUAL ACTS WITH A STUDENT.
The General Assembly of North Carolina enacts:
Section 1.  Article 26 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-202.4.  Taking indecent liberties with a student.
(a)	A person is guilty of taking indecent liberties with a student if the person is employed as a teacher or administrator and the person engages in any of the following activities with a student who is enrolled at the school to which the teacher or administrator is assigned:
(1)	Willfully takes or attempts to take any immoral, improper, or indecent liberties with a student who is 16, 17, or 18 years old for the purpose of arousing or gratifying sexual desire; or
(2)	Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of a student of who is 16, 17, or 18 years old.
(b)	Unless the conduct is covered under some other provision of law providing for greater punishment, taking indecent liberties with a student is punishable as a Class I felony.
(c)	Consent is not a defense to a charge under this section.
(d)	For purposes of this section, the term indecent liberties does not include vaginal intercourse or a sexual act as defined by G.S. 14-27.1."
Section 2. G.S. 14-27.7 reads as rewritten:
"§ 14-27.7.  Intercourse and sexual offenses with certain victims; consent no defense.
(a)	If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony.  Consent is not a defense to a charge under this section.
(b)	If a defendant is employed as a teacher or administrator in the school of a victim who is 16, 17, or 18 years old and engages in vaginal intercourse or a sexual act with a victim who is 16, 17, or 18 years old attending classes at the school to which the teacher or administrator is assigned, the defendant is guilty of a Class G felony, unless the conduct is covered under some other provision of law providing for greater punishment.  Consent is not a defense to a charge under this section."
Section 3.  This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.