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 Michigan, it is illegal for educators, including teachers, to engage in sexual conduct with students under the age of 18, regardless of the student's consent. Michigan law specifically addresses the abuse of authority by school employees. Under Michigan Penal Code Section 750.520d, a person is guilty of criminal sexual conduct in the third degree if they engage in sexual penetration with another person who is at least 13 but under 16 years old. However, the law also includes a provision that elevates the crime to second-degree criminal sexual conduct if the victim is a student at least 16 but less than 18 years of age and the perpetrator is a teacher, substitute teacher, or administrator of the school, school district, or intermediate school district that the student attends. This makes it a felony for educators to have sexual contact with students in this age range, even if the student has reached the age of consent, which is generally 16 in Michigan. The law recognizes the inherent power imbalance and the potential for abuse of authority in educator-student relationships.