1. Except as otherwise provided in subsection 2, a person who: (a) Is 21 years of age or older; (b) Is or was employed by a public school or private school in a position of authority or is or was volunteering at a public or private school in a position of authority; and (c) Engages in sexual conduct with a pupil who is 16 years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and: (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer, is guilty of a category C felony and shall be punished as provided in NRS 193.130 . 2. The provisions of this section do not apply to a person who is married to the pupil at the time an act prohibited by this section is committed. 3. The provisions of this section must not be construed to apply to sexual conduct between two pupils.
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