Amendment ID: S2185-104-R2

2nd Redraft Amendment 104

Teacher Student Relationships

Ms. Lovely, Mr. Brady, Ms. L'Italien, Mr. O'Connor, Ms. Gobi and Mr. Timilty move to amend the bill by inserting after section 163 the following section:-

“SECTION 163A. Said chapter 268 is hereby further amended by inserting after section 21A the following section:-

Section 21B.  A person over the age of 21 who is employed by or contracts with a public or private school, the department of youth services, the department of children and families, the department of mental health, the department of developmental services or a private institution that provides services to clients of such departments, who is a teacher, administrator or a person in a similar position of authority in the school, department or institution and, in the course of such employment or contract or as a result thereof, engages in, within or outside of the school, department or institution, sexual relations with a person who is: (i) under the age of 19, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution, shall be punished by imprisonment in a state prison for not more than 5 years or in a jail or house of corrections for not more than 2½ years, by a fine of $10,000 or by both such fine and imprisonment. In a prosecution commenced under this section, an individual served by such a school, department or institution shall be deemed incapable of consent to sexual relations with the person.”.