English
Español76-5-422. Sexual relations with an adult high school student
(1)(a) As used in this section:
(i) “Actor” means an individual who is 21 years old or older.
(ii) “Adult high school student” means an individual who is 18 to 21 years old and enrolled at a high school.
(iii) “High school” means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12.
(iv) “Position of special trust” means the following positions in a high school:
(A) a teacher;
(B) an administrator;
(C) a coach;
(D) a counselor; or
(E) an individual other than an individual listed in Subsections (1)(a)(iv)(A) through (1)(a)(iv)(D) who occupies a position of authority that enables the individual to exercise undue influence over an adult high school student.
(v) “Sexual intercourse” means any penetration, however slight, of:
(A) the genitals or anus of an individual by another individual using any body part, object, or substance; or
(B) the mouth of an individual by another individual’s genitals.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits sexual relations with an adult high school student if the actor:
(a)(i) has sexual intercourse with an adult high school student; or
(ii) with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual:
(A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high school student;
(B) touches the breast of a female adult high school student; or
(C) otherwise takes indecent liberties with an adult high school student;
(b) occupies a position of special trust in relation to the adult high school student described in Subsection (2)(a); and
(c) knows or should have known that the individual with which the actor committed the acts described in Subsection (2)(a) was an adult high school student.
(3) A violation of Subsection (2) is a third degree felony.
(4) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a)(ii).
(5) Consent of an adult high school student to an act described in Subsection (2) is not a defense to prosecution under this section.
