NRS201.540. Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

      1.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 16 or 17 years of age 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,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 14 or 15 years of age 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,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  For the purposes of subsections 1 and 2, a person shall be deemed to be or have been employed in a position of authority by a public school or private school or deemed to be or have been volunteering in a position of authority at a public or private school if the person is or was employed or volunteering as:

      (a) A teacher or instructor;

      (b) An administrator;

      (c) A head or assistant coach; or

      (d) A teacher’s aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.

      4.  The provisions of this section do not apply to a person who is married to the pupil.

      (Added to NRS by 1997, 2522; A 2001, 703; 2013, 2098)