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 Kentucky, it is illegal for an educator to engage in sexual conduct with a student under KRS 510.155, which is the statute that addresses abuse of public trust by a school official. This law makes it a crime for a person in a position of authority or special trust, which includes teachers and other school personnel, to engage in sexual activity with a minor who is under the age of 18, even if the minor is above the age of consent (which is 16 in Kentucky). The law recognizes the power imbalance and the trust placed in educators by students and the community, and thus prohibits such conduct regardless of the student's willingness to participate. Violation of this statute is a felony offense, and the severity of the charge can vary depending on the circumstances, including the age of the student and the nature of the sexual contact.