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 Kansas, it is illegal for educators to engage in sexual contact with students, regardless of the student's age or consent. Kansas law specifically criminalizes sexual relations between teachers and students under K.S.A. 21-5512, which is part of the Kansas Penal Code. This statute makes it unlawful for a teacher to engage in consensual sexual intercourse, lewd fondling or touching, or sodomy with a student who is enrolled at the same school where the teacher is employed. The law applies even if the student is above the age of consent, which is 16 in Kansas. Violations of this law are considered a severity level 10, person felony, which can result in severe penalties including imprisonment and registration as a sex offender. The statute reflects the state's interest in maintaining a professional and safe educational environment and in protecting the welfare of students.