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 North Dakota, it is illegal for educators, including teachers, to engage in sexual conduct with students under the state's statutory rape laws. North Dakota law specifically addresses the issue of sexual conduct between teachers and students in North Dakota Century Code (NDCC) 12.1-20-07, which makes it a crime for an individual in a position of authority, such as a teacher, to engage in a sexual act with a minor who is at least 15 years old but less than 18 years old and for whom the individual is responsible. This law applies even if the student has reached the age of consent, which is 18 years old in North Dakota. Violations of this statute can result in serious felony charges. The law recognizes the inherent power imbalance between educators and students and seeks to protect minors from exploitation by individuals in positions of trust and authority over them.