HB883: Students; carnal knowledge by school employee, penalty.

Offered January 11, 2006
Prefiled January 10, 2006
A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.3, relating to carnal knowledge of student; penalty.

Patrons-- Griffith, Albo, Athey, Cosgrove, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, Nixon, O'Bannon, Rapp, Suit and Wright

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-370.3 as follows:

§ 18.2-370.3. Carnal knowledge of student by school employee; penalties.

Any adult who in his position as a school employee, including a temporary or contractual employee, maintains a custodial or supervisory relationship over a student, at a public or private elementary or secondary school, is not legally married to such student, and engages in the performance of an act of carnal knowledge as defined in § 18.2-63 with such student is guilty of a Class 6 felony, regardless of the age of the student. A violation of this section constitutes a separate and distinct offense.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.