76-3-203.13. Enhanced penalty for unlawful sexual contact with a student.
(1) An actor convicted of a sexual offense described in Sectionormay be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor: 76-5-401.1 76-5-401.2 was 18 years old or older; held a position of special trust as a teacher, employee, or volunteer at a school, as that position is defined in Subsection; and 76-5-404.1(1)(a)(v)(S) committed the offense against an individual who at the time of the offense was enrolled as a student at the school where the actor was employed or was acting as a volunteer.
(2) The enhancement of a penalty described in Subsectionshall be an enhancement of one classification higher than the offense of which the actor was convicted. (1)