Section 13A-6-82 School Employee Having Sexual Contact with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.

(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years or having sexual contact with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60, with a student or student protected person, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student or student protected person is a Class C felony. (b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years or soliciting a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student or student protected person to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a student or a student protected person to perform a sex act is a Class A misdemeanor.