By Grace Hills, Kansas Reflector
TOPEKA — The Kansas Senate advanced a bill Wednesday that expands the definition of a person of authority, strengthening state law that prohibits sexual relations between school officials and students.
Chip Root, the undersheriff for Cherokee County, warned the current definition may have allowed a person of authority to escape charges in his county.
Root testified Feb. 12 before the House Judiciary Committee that the issue arises when there’s a school resource officer, nurse, bus driver or other contracted employee who sees students every day but isn’t covered under current law.
“This has been a glaring loophole for us,” Root said.
House Bill 2762 secured unanimous support Feb. 19 in the House before the Senate adopted an amended version Wednesday.
Current law prohibits sexual relations between a student and a “teacher or other person of authority” if the student is over 16 and not married to the offender. The age of consent in Kansas is 16, meaning sexual relations between an adult and anyone under 16 is illegal — regardless of their role in a school.
The bill would add “for a school” to the law — defining a person of authority as someone who is delegated to interact with students, contracted, or who provides services for the school.
Ed Klumpp, lobbyist for the Kansas Sheriffs’ Association, testified March 4 before the Senate Judiciary Committee. He said the association is aware of two instances where someone who wasn’t employed by the school but was working in it “committed questionable acts.”
Sen. Doug Shane, a Louisburg Republican, stated for clarification that the challenge is when a high school junior or senior, who is 17 or 18, has sexual relations with someone not defined as a person of authority under current law.
“And it’s not a crime, because of age of consent,” Shane said. “Most people would view that as a crime, if you’re in a position that you could kind of coerce that sexual activity. That’s the problem it’s seeking to address, is this gap that age of consent is 16 but we still have arguably what’s a child sitting in a school environment.”
“That’s exactly right,” Klumpp responded.
There were no opponents to the bill.
The Senate advanced the bill to final action, with a vote expected Thursday.
