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Assembly Bill A4161

2021-2022 Legislative Session

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

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Archive: Last Bill Status - Stricken

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2021-A4161 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6328
2011-2012: A5409, A7675
2013-2014: A1057
2015-2016: A980
2017-2018: A677
2019-2020: A2659

2021-A4161 (ACTIVE) - Summary

Provides that a student enrolled in an elementary or secondary school in this state, regardless of age, who is engaged in sexual conduct with an employee or volunteer of such school, is deemed incapable of consenting to such conduct.

2021-A4161 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4161
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Codes
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (j)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 2018, is amended and a new paragraph (k) is added to read as follows:
   (j) detained or otherwise in the custody of a  police  officer,  peace
 officer,  or  other  law  enforcement official and the actor is a police
 officer, peace officer or other law enforcement official who either: (i)
 is detaining or maintaining custody of such person; or  (ii)  knows,  or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (K)  A  STUDENT  ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL IN THIS
 STATE, REGARDLESS OF AGE, WHO IS ENGAGED IN SEXUAL CONDUCT AS DEFINED IN
 SUBDIVISION TEN OF SECTION 130.00 OF THIS ARTICLE WITH  AN  EMPLOYEE  OR
 VOLUNTEER  OF  THE SCHOOL ATTENDED BY SUCH STUDENT. FOR PURPOSES OF THIS
 PARAGRAPH, "EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION TO PROVIDE
 SERVICES TO SUCH SCHOOL, WHEREBY SUCH SERVICES PERFORMED BY SUCH  PERSON
 INVOLVE DIRECT STUDENT CONTACT. "VOLUNTEER" MEANS ANY PERSON, OTHER THAN
 AN EMPLOYEE, WHO PROVIDES SERVICES TO SUCH SCHOOL, WHICH INVOLVES DIRECT
 STUDENT CONTACT.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03033-01-1

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