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 Massachusetts, it is illegal for educators, including teachers, to engage in sexual contact with students under their authority. The state's laws on sexual assault and abuse specifically address the abuse of a position of trust or authority, which includes educators with respect to students. Massachusetts General Laws Chapter 265, Section 23, makes it a crime for a person in a position of authority over a minor to engage in sexual relations with that minor, even if the minor is at or above the age of consent, which is 16 years old in Massachusetts. This law is designed to protect students from being exploited by those in positions of power over them. Violations of this statute can result in severe penalties, including imprisonment, and are treated as felonies. The law recognizes the inherent power imbalance between educators and students and seeks to prevent abuse of that power for sexual purposes.