Teachers in trouble for dating students
Case law has found that the statute covers teachers and that the coercion can take the form of undue influence, threats, or physical force, among other things.The crime is punishable by imprisonment for 10 to 20 years, a fine of up to ,000, or both., a person commits aggravated sexual assault if he commits an act of sexual penetration with another person when (1) the victim is under 13 years old; or (2) the victim is 13, 14, or 15 and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status.The provision applies to students in public or private elementary, secondary, or special education facilities.The adult is subject to this penalty if he has instructional, supervisory, or disciplinary authority over the student.
The underlying crime applies when the person touched did not expressly or impliedly agree to the touching and is a class D crime.
However, it is also sexual abuse of a minor for a teacher or other educational staff member who is at least 21 to engage in a sexual act with a student who is 16 or 17.
The provision applies to sexual acts between students at public or private elementary, secondary, or special education institutions and to teachers, employees, and officials of schools, school districts, and other educational institutions.
The underlying crime of unlawful sexual contact applies when the person other than the actor has not expressly or impliedly acquiesced to the contact.
The provisions dealing with students apply even if the student has consented to the contact.