As used in this part 12, unless the context otherwise requires: (1) "Actor" means a person accused of committing sexual misconduct. (2) "Agent" means a person who, subject to the control of another person or organization, acts for, or on behalf of, the other person or organization. (3) "Educational entity" has the same meaning set forth in section 22-12-103. (4) "Managing organization" means a public entity or an entity, as defined in section 7- 90-102, that operates or manages a youth-related activity or program, and as part of operating or managing the youth-related activity or program: (a) Hires adults as employees or agents or retains adults as volunteers of the youth- related activity or program; (b) Sets standards for adult employee, agent, and volunteer participation in the youth- related activity or program and controls the conduct of the employees, agents, and volunteers; or (c) Represents that the adults involved in the youth-related activity or program are screened by the managing organization. (5) "Minor" means a person younger than eighteen years of age. (6) "Public employee" has the same meaning set forth in section 24-10-103 (4) and includes an employee as defined in section 22-12-103. (7) "Public entity" has the same meaning set forth in section 24-10-103 (5) and includes an educational entity. (8) "Sexual misconduct" means any conduct that is engaged in for the purpose of the sexual arousal, gratification, or abuse of any person, and that constitutes any of the following: (a) A first degree misdemeanor or a felony offense described in part 3 or 4 of article 3 of title 18 or a felony offense described in article 6 or 7 of title 18; (b) Human trafficking for sexual servitude, as described in section 18-3-504; (c) A federal sex offense as defined in the federal "Sex Offender Registration and Notification Act", 34 U.S.C. sec. 20911 (5)(A)(iii); (d) Obscene visual representations of the sexual abuse of children, as described in 18 U.S.C. sec. 1466A; (e) Transfer of obscene material to minors, as described in 18 U.S.C. sec. 1470; or (f) Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in 18 U.S.C. sec. 1594. (9) "Youth-related activity or program" means an event, program, service, or any other enterprise that involves participation by a minor, including but not limited to youth programs, educational programs, and religious activities operated by an individual or organization that provides activities, services, trips, or events for minors with adults who are placed in positions of responsibility, trust, or supervision over the participating minors, regardless of the particular location, length, goals, or format of the activities, services, trips, or events. "Youth-related activity or program" includes transportation, lodging, and unscheduled activities provided in relation to any activities, services, trips, or events when a youth-related activity or program employee, agent, or volunteer is responsible for the supervision of the participating minors. "Youth-related activity or program" also includes an educational program operated by an educational entity for students in kindergarten through twelfth grade, or any portion thereof; a district preschool program under the supervision of the educational entity or its employees or agents; or before- and after-school activities conducted under the supervision of the educational entity or its employees or agents.
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