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H.8

Introduced by   Representatives Wright of Burlington and Metzger of Milton

Referred to Committee on

Date:

Subject:  Crimes; sexual exploitation

Statement of purpose:  This bill proposes to create a new chapter regarding sexual exploitation, prohibiting sexual acts between corrections personnel and persons under correctional supervision and between secondary education teachers and students.

AN ACT RELATING TO SEXUAL EXPLOITATION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. chapter 89 is added to read:

Chapter 89.  Sexual Exploitation

§ 4201.  DEFINITIONS

As used in this chapter:

(1)  “Administrator” means any person so licensed by the state board of education the majority of whose employed time in a school or a school district is devoted to serving as superintendent, assistant superintendent, assistant to the superintendent, supervisor, principal, or assistant principal.

(2)  “Consent” means words or actions by a person indicating a voluntary agreement to engage in a sexual act.

(3)  “Secondary education” means a program of public school education of six years adapted to the needs of pupils who have completed their elementary education.

(4)  “Sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.

(5)  “Teacher” means any person licensed employable as a teacher by the state board of education who is not an administrator as defined in this section.

§ 4202.  SEXUAL EXPLOITATION OF AN INMATE

(a)  No correctional officer, employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of probation, supervised community sentence, or furlough shall knowingly engage in a sexual act with a person who is in the custody of or confinement by the department of corrections, or who is being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough.  Consent is not an element of the crime.

(b)  A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

(c)  No person shall intentionally provide false statements implicating a correctional officer, employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of probation, supervised community sentence, or furlough of violating subsection (a) of this section.

(d)  A person who violates subsection (c) of this section shall be imprisoned not more than one year or fined not more than $5,000.00, or both.  A sentence for a conviction under this section shall be consecutive with any other sentence imposed.

§ 4203.  SEXUAL EXPLOITATION OF A STUDENT

(a)  No teacher or administrator who is employed by or works in a secondary education school shall knowingly engage in a sexual act with a person who is a student enrolled at the same school.  Consent is not an element of the crime.

(b)  A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4204.  CONSTRUCTION

The criminal statutes provided for in this chapter shall be in addition to, not in lieu of, the criminal statutes in chapter 72 of this title.  The provisions of this chapter do not limit or restrict prosecutions for sexual assault or aggravated sexual assault.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us