Position of Authority Related Offenses

SEXUAL EXPLOITATION BY A COUNSELOR OR THERAPIST

If it is illegal for a counselor or therapist to have any sexual conduct with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of either party.  Prohibited sexual conduct includes, but is not limited to:
  • Kissing;
  • Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or
  • A sex act.
 A counselor or therapist convicted of this offense commits an aggravated misdemeanor, punishable by up to 2 years in prison.  A conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.
 
 It is also illegal for a counselor or therapist to have any sexual conduct with a patient or client or a former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of either party.  Prohibited sexual conduct includes, but is not limited to:
  • Kissing;
  • Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or
  • A sex act.
 A counselor or therapist convicted of this offense commits a serious misdemeanor, punishable by up to 1 year in jail.  A conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.
 
A counselor or therapist who is found to have engaged in a pattern, practice, or scheme to engage in the foregoing conduct is guilty of a class “D” felony, punishable by up to five years in prison.  Additionally, a conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.
 

SEXUAL EXPLOITATION BY A SCHOOL EMPLOYEE

It is illegal for a school employee to have any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of either party.  Prohibited sexual conduct includes, but is not limited to:
  • Kissing;
  • Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals;  or
  • A sex act.
 A school employee convicted of this offense commits an aggravated misdemeanor, punishable by up to 2 years in prison.  A conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.
 
A school employee who is found to have engaged in a pattern, practice, or scheme to engage in the foregoing conduct is guilty of a class “D” felony, punishable by up to five years in prison.  Additionally, a conviction of this offense subjects the individual to a 10-year special sentence parole which commences at the completion of the sentence imposed.  A conviction for one of these offenses also carries placement on the sex offender registry for a period of 10 years.