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	Harsher Penalties Sought for Teachers, Clerics in Minor Sex By Daniel Scarpinato Arizona Daily Star March 6, 2008 http://www.azstarnet.com/metro/228407 PHOENIX — Teachers, ministers and priests who engage in sexual conduct with high-school-age youths will face tougher penalties if a proposal before state legislators today becomes law. Senate President Tim Bee, R-Tucson, is trying to make it harder for educators and clergy members to plead down cases when they've been accused of having sexual conduct with youths ages 15 to 17 resulting in a minimum of four years in prison. "As parents, when we send our children to school we're entrusting them to the care of somebody else who is responsible for teaching them, and I think we certainly have the expectation that our children are safe in those circumstances," Bee said. Bee's bill successfully passed a Senate committee last month with unanimous support. But the topic has sparked renewed interest after Tuesday's arrest of Jason William Baridon, a Mountain View High School teacher who is charged with two counts of sexual abuse. This incident involves a female student who is 18 years old, so Bee's bill wouldn't have affected the case. But nevertheless, after a number of high-profile instances of teachers being accused of sexual conduct with students, Bee said it's time for lawmakers to send a "strong message." "I think it just further illustrates we have a problem here, and there needs to be tougher penalties," Bee said. Current law states sexual conduct with a minor under the age of 15 is a Class 2 felony. Sexual conduct with a minor age 15 through 17 is a Class 6 felony unless the adult involved is a parent, stepparent, guardian or foster parent of the minor. In those cases, it's a Class 2 felony. Bee's bill would add teachers and clergy members to the Class 2 list. The change would significantly increase the penalties. A Class 6 felony carries a penalty of six to 18 months of jail time, compared with four to 10 years for Class 2. The intent is that the bill would apply to all teachers in public, private and charter schools. The bill has yet to define "clergy," but it's intended to target religious leaders in position of authority over minors, Bee said. The Pima County Attorney's Office is neutral on the bill, said prosecutor Kathleen Mayer, who pointed out that the Class 6 felony for teachers differs from that of other sex offenders. "The penalties aren't very high to begin with, and there isn't really any place to go if you want to offer a plea bargain except to a misdemeanor," Mayer said. "I would assume the thinking is because of the nature of the relationship between a teacher and his or her student and similarly with a priest it carries with it a greater sense of responsibility." But Tucson defense attorney Dan Cooper said the bill arbitrarily targets teachers. "I think, frankly, it should be a Class 2 felony for a legislator to have sexual conduct with a minor," he said. Cooper said that if the law was changed the way Bee wants it, a 22-year-old teacher who has sex with a 17-year-old student would face prison time. But if the same 17-year-old had a fake ID and met a 25-year-old at a bar and the two engaged in sex, the older person would not face the same punishment. "It certainly makes teachers a bigger target now," he said, later adding, "Teachers are targets enough these days." The bill is scheduled for debate today in the Senate, and Bee said he expects the measure will garner broad support. Contact reporter Daniel Scarpinato at 307-4339 or dscarpinato@azstarnet.com
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