Most states prosecute educators (teachers) for improper sexual contact with students under the state’s statutory rape laws—which are premised on the student being under the age of consent recognized by law, even if the student was a willing participant.

But some states have enacted specific statutes making it a crime—often a felony—for an educator to have sexual contact with a student—even if the student has reached the age of consent (17 years of age, for example).

Laws vary from state to state, and laws governing sexual contact between educators and students are generally located in a state’s statutes—often in the penal or criminal code.

In California, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age of consent, under California Penal Code Section 261.5 and 288(c)(1). Specifically, Section 261.5 prohibits unlawful sexual intercourse with a minor who is not the spouse of the perpetrator, and this applies even if the minor is considered to be above the age of consent for other circumstances. Additionally, Section 288(c)(1) makes it a crime for any person to engage in any lewd or lascivious act with a child who is 14 or 15 years old when the perpetrator is at least 10 years older than the child. This includes educators who engage in such conduct with students. Violations of these laws can result in felony charges, with severe penalties including imprisonment. California law thus recognizes the inherent power imbalance between educators and students and criminalizes sexual contact in this context to protect students.