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 Colorado, it is illegal for educators to engage in sexual contact with students under the state's statutory rape laws, which are based on the age of consent. The age of consent in Colorado is 17 years old. However, Colorado has specific statutes that make it a crime for an educator to have sexual contact with a student, regardless of the student's age. This is covered under Colorado Revised Statutes 18-3-405.3, which addresses sexual conduct with a student by an educator. This law makes it a class 4 felony for any teacher, athletic coach, or other person in a position of trust to engage in sexual behavior with a student who is at least 15 years old but less than 18 years old, and at least four years younger than the person in the position of trust. The law is designed to protect students from exploitation by individuals who have authority over them, recognizing the inherent power imbalance in such relationships.