76-5-422. Sexual relations with an adult high school student.
(1) As used in this section: "Actor" means an individual who is 21 years old or older. "Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school. "High school" means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12. "Position of special trust" means the following positions in a high school: a teacher; an administrator; a coach; a counselor; or an individual other than an individual listed in Subsectionsthroughwho occupies a position of authority that enables the individual to exercise undue influence over an adult high school student. (1)(a)(iv)(A) (1)(a)(iv)(D) "Sexual intercourse" means any penetration, however slight, of: the genitals or anus of an individual by another individual using any body part, object, or substance; or the mouth of an individual by another individual's genitals. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits sexual relations with an adult high school student if the actor: has sexual intercourse with an adult high school student; or with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual: touches the anus, buttocks, pubic area, or any part of the genitals of an adult high school student; touches the breast of a female adult high school student; or otherwise takes indecent liberties with an adult high school student; occupies a position of special trust in relation to the adult high school student described in Subsection; and (2)(a) knows or should have known that the individual with which the actor committed the acts described in Subsectionwas an adult high school student. (2)(a)
(3) A violation of Subsectionis a third degree felony. (2)
(4) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection. (2)(a)(ii)
(5) Consent of an adult high school student to an act described in Subsectionis not a defense to prosecution under this section. (2)