1. (1) Any educator who knowingly subjects a student to any sexual intrusion or sexual penetration commits abuse of public trust by an educator if the student is at least eighteen years of age and the educator is more than four years older than the student and is not the student's spouse.
2. (2) Abuse of public trust by an educator is a class 1 misdemeanor.
3. (3) Consent by the student to the sexual intrusion or sexual penetration does not constitute a defense to the offense.

4. (4) As used in this section, unless the context otherwise requires:

   1. (a) Consent has the same meaning as set forth in section 18-3-401 (1.5).

   2. (b)

      1. (I) Educator means a person employed at the same school the student attends at the time of the sexual contact and who:

         1. (A) Instructs students at that school;
         2. (B) Administers, directs, or supervises the educational instruction program or a portion thereof;
         3. (C) Provides health or educational support services directly to students of the school; or
         4. (D) Coaches students of the school.
      2. (II) Educator does not include another student at the school where the educator is employed.
   3. (c) School means any institution that instructs persons in any of grades preschool through twelve but does not include any postsecondary school.
   4. (d) Sexual intrusion has the same meaning as set forth in section 18-3-401 (5).
   5. (e) Sexual penetration has the same meaning as set forth in section 18-3-401 (6).
   6. (f) Student means any person enrolled in a school where the educator is employed at the time of the incident, but does not include another student.
5. (5) Schools shall advise all educators of the prohibitions in this section.

Source: L. 2021: Entire section added, (SB 21-017), ch. 417, p. 2775, § 5, effective July 2.