28-316.01.

Sexual abuse by a school worker; penalty.

(1) For purposes of this section:

(a) Sexual contact has the same meaning as in section 28-318;

(b) Sexual penetration has the same meaning as in section 28-318;

(c) School means a public, private, denominational, or parochial school approved or accredited by the State Department of Education;

(d) School contract worker means a person nineteen years of age or older who, as part of such person's employment, is assigned to work at a school and works in proximity to students of such school, but who is not employed by such school;

(e) School employee means a person nineteen years of age or older who is employed by a school;

(f) School worker means a school contract worker or a school employee; and

(g) Student means a person at least sixteen but not more than nineteen years of age enrolled in or attending a school, or who was such a person enrolled in or who attended school within ninety days of any violation of this section.

(2) A person commits the offense of sexual abuse by a school worker if a school worker subjects a student in the school to which such worker is assigned for work to sexual penetration or sexual contact, or engages in a pattern or scheme of conduct to subject a student in the school to which such worker is assigned for work to sexual penetration or sexual contact. It is not a defense to a charge under this section that the student consented to such sexual penetration or sexual contact.

(3) Any school worker who engages in sexual penetration with a student is guilty of sexual abuse by a school worker in the first degree. Sexual abuse by a school worker in the first degree is a Class IIA felony.

(4) Any school worker who engages in sexual contact with a student is guilty of sexual abuse by a school worker in the second degree. Sexual abuse by a school worker in the second degree is a Class IIIA felony.

(5) Any school worker who engages in a pattern or scheme of conduct with the intent to subject a student to sexual penetration or sexual contact is guilty of sexual abuse by a school worker in the third degree. Sexual abuse by a school worker in the third degree is a Class IV felony.