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 Minnesota, it is illegal for educators, including teachers, to engage in sexual conduct with students, regardless of the student's age or consent. Minnesota law specifically addresses the issue of educators and sexual offenses against students under Minnesota Statutes Section 609.344, where it is considered a crime for a person in a position of authority, such as a teacher, to engage in sexual activity with someone who is a secondary student at the same school. This law applies even if the student has reached the age of consent, which is 16 in Minnesota. Violations of this statute can result in criminal charges that range from gross misdemeanors to felonies, depending on the circumstances of the offense and the age of the student.