(a) A person commits the crime of a school employee engaging in a sex act with a student under the age of 19 years or engaging in a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual intercourse or sodomy, as defined in Section 13A-6-60, with a student, or student protected person, regardless of whether the student or student protected person is male or female. Consent is not a defense to a charge under this section.
(b) The crime of a school employee engaging in a sex act with a student or student protected person is a Class B felony.