§ 14-202.4. Taking indecent liberties with a student.
§ 14‑202.4. Takingindecent liberties with a student.
(a) If a defendant, whois a teacher, school administrator, student teacher, school safety officer, orcoach, at any age, or who is other school personnel and is at least four yearsolder 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 presenttogether in the same school but before the victim ceases to be a student, thedefendant is guilty of a Class I felony, unless the conduct is covered undersome other provision of law providing for greater punishment. A person is notguilty of taking indecent liberties with a student if the person is lawfullymarried to the student.
(b) If a defendant, whois school personnel, other than a teacher, school administrator, studentteacher, school safety officer, or coach, and who is less than four years olderthan the victim, takes indecent liberties with a student as provided insubsection (a) of this section, the defendant is guilty of a Class A1misdemeanor.
(c) Consent is not adefense to a charge under this section.
(d) For purposes ofthis section, the following definitions apply:
(1) "Indecentliberties" means:
a. Willfully taking orattempting to take any immoral, improper, or indecent liberties with a studentfor the purpose of arousing or gratifying sexual desire; or
b. Willfully committingor attempting to commit any lewd or lascivious act upon or with the body or anypart or member of the body of a student.
Forpurposes of this section, the term indecent liberties does not include vaginalintercourse or a sexual act as defined by G.S. 14‑27.1.
(1a) "Sameschool" means a school at which (i) the student is enrolled or is presentfor a school‑sponsored or school‑related activity and (ii) theschool personnel is employed, volunteers, or is present for a school‑sponsoredor school‑related activity.
(2) "School"means any public school, charter school, or nonpublic school under Parts 1 and2 of Article 39 of Chapter 115C of the General Statutes.
(3) "Schoolpersonnel" means any person included in the definition contained in G.S.115C‑332(a)(2), and any person who volunteers at a school or a school‑sponsoredactivity.
(3a) "School safetyofficer" means any other person who is regularly present in a school forthe purpose of promoting and maintaining safe and orderly schools and includesa school resource officer.
(4) "Student"means a person enrolled in kindergarten, or in grade one through grade 12 inany school. (1999‑300,s. 1; 2003‑98, s. 2; 2004‑203, s. 19(a).)