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 Maryland, it is illegal for educators, including teachers, to engage in sexual conduct with students. Maryland law specifically addresses the abuse of authority by an educator in the context of sexual misconduct with a student. Under Maryland Criminal Law Code, Section 3-308, it is a felony for a person in a position of authority at a school to engage in a sexual act, sexual contact, or vaginal intercourse with a student who is enrolled at the school where the person works, if the student is under the age of 21. This law applies regardless of whether the student has reached the age of consent, which is 16 in Maryland. The statute recognizes the inherent power imbalance between students and educators and seeks to protect students from exploitation. Violation of this law can result in severe penalties, including imprisonment and fines.