<P> (2) perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school . </P> <P> Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony ." </P> <P> The age of consent in New York is 17 . </P> <P> The offense will be more serious depending on relative ages, thus: </P>

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