NY seeks to criminalize teacher student sex over the AOC

Due to an incident where a teacher seduced a 17 year old student in Spackenkill, NY, New York State lawmakers are considering a bill that will eliminate the AOC from teacher/high school student sex.

State Sen. Steve Saland, R-Poughkeepsie, said Wednesday[January 28] he will renew the push for passage of a 2007 bill he co-sponsored that would make students legally incapable of consenting to sexual conduct with a school employee.

"It would criminalize what is alleged to have occurred in Spackenkill," said Saland, chairman of the Senate Education Committee.

The renewed local effort to change New York law comes after the Journal Wednesday reported a former Spackenkill High School teacher is being investigated by state education officials for allegedly having a sexual relationship with a 17-year-old female student. Depending on the findings by the NY State Education Department, his teaching certificate could be revoked by the state.

Town of Poughkeepsie police and Dutchess County justice officials also investigated the finding, but found 38 year old Leon Almeida committed no crime because New York's AOC is 17. Under New York law, people 21 and older who have sex with minors under 17 can be charged with 3rd degree rape. However, Almeida resigned in November, and depending on the status of his teaching certificate at the end of the school year, Almeida may get his full salary for the 2008-09 year.

If the certificate is suspended or revoked, Almeida won't be paid, but if its still in good standing, he'll be paid $78,000 in salariy and benefits.

Little's bill would amend existing law that covers the conduct of health and mental health care providers. That law makes it illegal for those professionals to engage in sexual conduct with patients during treatment sessions, consultations, interviews and examinations. State law also prevents those who are incarcerated in jails and prisons from giving consent. The law also applies to those in youth homes operated by the state.

The amended bill backed by Saland and others would make students legally unable to consent to sexual conduct with most school district employees. The proposal would cover teachers and other school employees age 18 and over who are more than four years older than the student at the time of the conduct.

The victim's mother said that the loophole in the law making it a regulatory, but not a criminal offense for her daughter to be molested made her angry.

"There is a gap in the law in the state of New York," the mother said.
She said she favors legislative changes such as the one proposed by Saland "so other families don't encounter the same issues we've encountered."

Besides New York, Louisiana and Washington officials are proposing legislation that will make 18 year old students legally off limits.