This bill amends section 28-316.01 of the Revised Statutes Cumulative Supplement, 2024, to redefine terms related to sexual abuse by school employees and to clarify the legal definitions of "school employee," "school contract worker," and "student." The bill introduces the term "school contract worker," which refers to individuals aged nineteen or older who work at accredited schools but are not directly employed by them, such as school resource officers or independent contractors. Additionally, the definition of "school employee" is expanded to include these contract workers, while the definition of "student" is specified to include individuals aged sixteen to nineteen who are currently enrolled or were enrolled within the last ninety days.

The bill outlines the offenses of sexual abuse by a school employee, categorizing them into three degrees based on the nature of the conduct: first-degree sexual abuse involves sexual penetration, second-degree involves sexual contact, and third-degree involves a pattern of conduct intended to subject a student to such acts. Each degree carries specific felony classifications, with first-degree being a Class IIA felony, second-degree a Class IIIA felony, and third-degree a Class IV felony. The bill also clarifies that consent from the student is not a valid defense against charges of sexual abuse. The original section 28-316.01 is repealed as part of this legislative update.

Statutes affected:
Introduced: 28-316.01