(1) (a) As used in this section: (i) "Actor" means an individual who is 21 years old or older. (ii) "Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school. (iii) "High school" means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12. (iv) "Position of special trust" means the following positions in a high school: (A) a teacher; (B) an administrator; (C) a coach; (D) a counselor; or (E) an individual other than an individual listed in Subsections (1)(a)(iv)(A) through (1)(a)(iv)(D) who occupies a position of authority that enables the individual to exercise undue influence over an adult high school student. (v) "Sexual intercourse" means any penetration, however slight, of: (A) the genitals or anus of an individual by another individual using any body part, object, or substance; or (B) the mouth of an individual by another individual's genitals. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits sexual relations with an adult high school student if the actor: (a) (i) has sexual intercourse with an adult high school student; or (ii) with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual: (A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high school student; (B) touches the breast of a female adult high school student; or (C) otherwise takes indecent liberties with an adult high school student; (b) occupies a position of special trust in relation to the adult high school student described in Subsection (2)(a) ; and (c) knows or should have known that the individual with which the actor committed the acts described in Subsection (2)(a) was an adult high school student. (3) A violation of Subsection (2) is a third degree felony. (4) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a)(ii) . (5) Consent of an adult high school student to an act described in Subsection (2) is not a defense to prosecution under this section. also in HB0105, Chapter 204, also in HB0021, Chapter 173.
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