There are heightened penalties if the actor is at least 10 years older than the minor or related to the minor within the second degree of consanguinity, e.g., an uncle and niece.
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 provisions dealing with students apply even if the student has consented to the contact.
(sexual abuse of a minor) has specific penalties for sexual abuse of minors in cases involving school staff and older students.
makes it a class D crime if a teacher, employee, or other official having authority over a student has sexual conduct with a student who is a minor.
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.
If the sexual contact involves penetration, it is a class C crime punishable by imprisonment for up to five years, a fine of up to ,000, or both.
“The committee today stood up for predators and union bosses instead of students,” Olsen said in a phone interview.“We will continue to work hard to make sure that California passes this bill or something similar.” Olsen’s bill would have made it a felony for a high school teacher to have a relationship with a student, regardless of the student’s age.It also would have stripped offending teachers of their pensions and retiree health care benefits. The bill was prompted by the relationship of teacher Christopher Hooker and student Jordan Powers.Other states, including Vermont, criminalize sexual acts with a person who is “entrusted to the actor's care by authority of law” (13 Vt. Among the states in other parts of the country with specific provisions dealing with teachers and students are Kansas, Maryland, North Carolina, Ohio, and Washington.In North Carolina and Ohio, as in Connecticut, these provisions apply even if the student is 18 or older. 53a-71, a person is guilty of sexual assault in the second degree when he (1) engages in sexual intercourse with a minor who is 13, 14, or 15 and (2) is more than three years older than the minor.