HB238 Summary

• Creates new Class A misdemeanor crime for school employees to transmit obscene material to students, and increases penalties for school employees engaging in sexual conduct with students to Class B felony for sex acts and Class C felony for sexual contact.

• Allows out-of-court statements by children under 12 years of age (at time statement was made) to be admissible as evidence in criminal proceedings involving child physical offense, sexual offense, and exploitation.

• Permits individuals under 19 years of age who have graduated from high school with a Child Development Associate Credential to work in day care centers and revises definition of "day care center" to include pre-kindergarten.

• Establishes specific criminal penalties for sexual offenses by foster parents against foster children: Class B felony for sex acts, Class C felony for sexual contact, and Class A misdemeanor for solicitation; mandates sex offender registration upon conviction.

• Clarifies mandatory child abuse reporting requirements to reference the specific definition in Section 26-14-1 and applies criminal penalties to school volunteers engaging in sexual misconduct with students.