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 Hawaii, sexual contact between educators and students is governed by Hawaii Revised Statutes. Hawaii law specifically addresses sexual contact between teachers and students in Section 707-400 of the Hawaii Revised Statutes, which establishes the offense of 'Sexual Assault in the Fourth Degree.' Under this statute, it is a misdemeanor for a person, including an educator, to knowingly engage in sexual contact with another person who is a minor or who is enrolled at the same school where the perpetrator is a teacher, even if the student has reached the age of consent, which is 16 years in Hawaii. Additionally, if the sexual contact involves penetration or coercion, the offense can be elevated to a more serious felony charge under other sections of the sexual assault statutes. It is important to note that these laws are subject to change, and an attorney can provide the most current legal advice regarding these matters.