HB 4527

Abstract

Amends the Criminal Code of 2012. Creates the offense of sexual misconduct with a student. Provides that a person commits sexual misconduct with a student when he or she is or was an employee of a school and commits sexual misconduct with a student who, at the time the employee was employed by the school, attended the school. Provides that the consent of the student is not a defense to a prosecution under this provision. Provides that a student is deemed incapable of consent, for purposes of this provision, when he or she is a student who attended the school while the employee was employed at the school. Provides that it is not a defense to a violation of this provision that the student was of the age to give consent to sexual penetration or sexual conduct in circumstances not involving a violation of this provision. Provides that a person convicted of violating this provision shall immediately forfeit his or her employment with a school and may not subsequently be employed at a school. Provides that a violation is a Class 3 felony. Provides exemptions. Defines "school" as a public or private elementary or secondary school or a school that operates grades kindergarten through 12. Defines "sexual misconduct" as any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Defines other terms.