North Carolina § 14-202 - 4. Taking indecent liberties with a student.

§ 14-202. 4. Taking indecent liberties with a student.

If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel and is at least four years older than the victim, takes indecent liberties with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school but before the victim ceases to be a student, the defendant is guilty of a Class I felony, unless the conduct is covered under some other provision of law providing for greater punishment. A person is not guilty of taking indecent liberties with a student if the person is lawfully married to the student. If a defendant, who is school personnel, other than a teacher, school administrator, student teacher, school safety officer, or coach, and who is less than four years older than the victim, takes indecent liberties with a student as provided in subsection (a) of this section, the defendant is guilty of a Class I felony. Consent is not a defense to a charge under this section. For purposes of this section, the following definitions apply: "Indecent liberties" means: Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire; or Willfully committing or attempting to commit any lewd or lascivious act upon or with the body or any part or member of the body of a student. "Same school" means a school at which (i) the student is enrolled or is present for a school-sponsored or school-related activity and (ii) the school personnel is employed, volunteers, or is present for a school-sponsored or school-related activity. "School" means any public school, charter school, or nonpublic school under Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes. "School personnel" means any person included in the definition contained in G.S. 115C-332(a)(2), including those employed by a nonpublic, charter, or regional school, and any person who volunteers at a school or a school-sponsored activity. "School safety officer" means any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools and includes a school resource officer. "Student" means a person enrolled in kindergarten, or in grade one through grade 12 in any school. For purposes of this section, the term indecent liberties does not include vaginal intercourse or a sexual act as defined by G.S. 14-27.20 . History (1999-300, s. 1; 2003-98, s. 2; 2004-203, s. 19(a); 2015-44, s. 3; 2015-181, s. 16.) Editor's Note. - Session Laws 2015-44, s. 1, provides: "This act may be cited as the 'Protect Our Students Act'." Session Laws 2015-44, s. 5, made the amendments to subsections (b) and (d) of this section by Session Laws 2015-44, s. 3, applicable to offenses committed on or after December 1, 2015. Session Laws 2015-181, s. 48, made the amendment to subdivision (d)(1) by Session Laws 2015-181, s. 16, effective December 1, 2015, and applicable to offenses committed on or after that date, and further provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2004-203, s. 19(a), effective December 1, 2004, and applicable to offenses committed on or after that date, deleted the former second sentence in subsection (a) which read: "The term 'same school' means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers."; and added subdivision (d)(1a). Session Laws 2015-44, s. 3, effective December 1, 2015, substituted "Class I felony" for "Class A1 misdemeanor" in subsection (b); and inserted "including those employed by a nonpublic, charter, or regional school" in subdivisions (d)(3). For applicability, see editor's note. Session Laws 2015-181, s. 16, effective December 1, 2015, substituted "G.S. 14-27.20" for "G.S. 14-27.1" at the end of subdivision (d)(1). For applicability, see editor's note. Legal Periodicals. - For survey on new penalties for criminal behavior in schools, see 22 Campbell L. Rev. 253 (2000).