H.F. 3035 Summary

• Defines "secondary school" to include grades 7-12 and postsecondary institutions (colleges, universities, vocational schools) enrolling students up to graduation and diploma issuance, for purposes of criminal sexual conduct laws.

• Adds new provision to third-degree criminal sexual conduct statute making it unlawful for school employees, independent contractors, or volunteers to engage in sexual penetration with students age 16-20 who are enrolled and have not graduated, regardless of consent or age mistake.

• Adds identical provision to fourth-degree criminal sexual conduct statute covering sexual contact (rather than penetration) with secondary school students age 16-20 who are enrolled and have not graduated.

• Consent by the complainant is not a defense for either third or fourth-degree charges under the new secondary school provisions.