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 Delaware, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age. Delaware law specifically addresses the issue of sexual conduct between school employees, including teachers, and students under Title 11, Section 4123 of the Delaware Code. This statute makes it a crime for any person employed by a school to engage in a sexual act with a student who is enrolled in the same school, or if the employee has supervisory authority over the student. The law applies even if the student has reached the age of consent, which is 18 in Delaware. Violation of this law is considered a felony, reflecting the state's interest in protecting the integrity of the educational environment and the welfare of students.