Bill > A2101

Introduced Session

This bill provides that a teacher who commits an act of sexual penetration with a student who is 18 or older and less than 20 years old is guilty of the crime of sexual assault under certain circumstances. Under current law, a person with "supervisory or disciplinary power of any nature or in any capacity" over a minor at least 16 but less than 18 years old who commits an act of sexual penetration with that minor is guilty of sexual assault. It is the view of the sponsor that even when a student reaches the age of 18, a teacher's supervisory and disciplinary power makes any sexual relationship inherently coercive. Under the bill, a person would be guilty of sexual assault if he commits an act of sexual penetration with a victim who is 18 years old or older and less than 20 years old if the victim is a student in a school where the actor is a teaching staff member. The term "school" as used in the bill does not include post-high school education. Sexual assault is a crime of the second degree. A crime of the second degree is generally punishable by a term of imprisonment of five to 10 years, or a fine of up to $150,000, or both. The bill provides that the term "teaching staff member" has the meaning set forth in N.J.S.18A:1-1. That section of law defines "teaching staff member" as "a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer." The term "school" is defined in the Criminal Code. Under N.J.S.2C:1-14, "school" means "a public or nonpublic elementary or secondary school within this State offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements."

AI Summary

Committee Categories

Nicholas Chiaravalloti (D)*,  Reed Gusciora (D)*,  Raj Mukherji (D)*, 

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee (on 04/04/2016)