Pennsylvania House Passes Teacher Sex Crimes Bill
A proposed Pennsylvania law would make it a felony for any school employee to engage in sexual activity with students.
July 22, 2011
Pennsylvania House Passes Teacher Sex Crimes BillFinding a disparity in the Pennsylvania law when it comes to teachers engaging in sexual activity with students, lawmakers passed House Bill 924, sending the bill on to the state Senate for consideration.
The problem state representatives and prosecutors see is that the current law does not cover teachers, coaches or other individuals who instruct students in youth organizations and educational settings.
The new proposal would include these professions in the law, as well as include any other school employee, such as custodians or guidance counselors. The crime would be a third-degree felony, with a sentencing range of 3.5 to 7 years in prison.
According to proponents of the bill, a second problem exists in the current law because of the difference in penalties for sexual assaults committed against victims who are under 16 years old and the penalties for sexual assaults involving victims who are 16 or 17.
The current law makes it a misdemeanor, with a maximum sentence of 2.5 to 5 years in prison, for a teacher, coach or other school authority to have sex with a student over the age of 16. Under the latest proposal, all students would be considered the same, and a coach or teacher who engages in sexual activity with a student would receive the harsher, felony penalty, regardless of the student's age.
The Montgomery County district attorney fought for the change in the law, frustrated with only being able to charge teachers and coaches with the misdemeanor corruption of a minor when the victim was over 16.
While some may argue that with the Pennsylvania age of consent set at 16, sexual activity with a consenting student 16 years or older should not be a crime at all, but state Rep. Todd Stephens, who was a Montgomery County prosecutor prior to his election to the House, views it as a violation of trust by a person in a position of power over the student.
Apparently, the House now agrees. A similar bill died in December, when the session ended without voting on the bill, while the current proposal easily passed with a vote of 195-0.
While state representatives fight to change the law, prosecutors will continue to aggressively pursue these cases. If you are facing charges for any type of sex crime, it is important to discuss your case with an experienced attorney.
Article provided by Brielmann Law Offices, PC
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