HB38 Alabama 2010 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Demetrius C. Newton
Democrat
Session: Regular Session 2010
Title: School employees, engaging in sex act or deviant sexual intercourse with a student or having sexual contact with a student, crimes of established, penalties
Summary: HB38 creates crimes for school employees who engage in sex acts, deviant sexual intercourse, or sexual contact with students under 19, with penalties and disciplinary steps.
What This Bill Does
It establishes two offenses: a school employee who engages in a sex act or deviant sexual intercourse with a student under 19 commits a Class B felony, and a school employee who has sexual contact with a student under 19 commits a Class A misdemeanor. Consent is not a defense in either offense. The bill also defines key terms (sex act, deviant sexual intercourse, sexual contact) and requires paid administrative leave during case adjudication, with possible further discipline after adjudication under existing teacher-related laws.

Who It Affects
Students under 19 who could be victims of a school employee's sex act, deviant sexual intercourse, or sexual contact.
School employees (teachers, administrators, student teachers, safety/resource officers, coaches, and similar staff) who could be charged with these new offenses or face disciplinary actions.
School districts and local schools, which would implement paid administrative leave and subsequent disciplinary procedures under established acts.

Key Provisions
Defines two crimes: (1) a school employee engaging in a sex act or deviant sexual intercourse with a student under 19 (Class B felony); (2) a school employee having sexual contact with a student under 19 (Class A misdemeanor).
Consent is not a defense to either charge.
Provides definitions: 'sex act' includes sexual intercourse with any penetration; 'deviant sexual intercourse' includes acts of sexual gratification involving the mouth or anus; 'sexual contact' means touching intimate parts to gratify sexual desires, and can include soliciting or harassing a student to perform a sex act.
Specifies that a school employee charged with these offenses may be placed on paid administrative leave during adjudication, with further discipline possible after adjudication under the Teacher Tenure Act, the Teacher Accountability Act, or the Fair Dismissal Act.
Expands the definition of 'school employee' to include teachers, administrators, student teachers, safety or resource officers, coaches, and other school staff.
States the bill is exempt from Amendment 621 requirements because it creates a new crime or amends an existing one (local funds consideration).
Effective date: becomes law on the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses