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 Nebraska, it is illegal for educators to engage in sexual contact with students under the state's statutory rape laws, which are based on the age of consent. The age of consent in Nebraska is 16 years old. However, Nebraska has specific statutes that make it a crime for an educator to have sexual contact with a student, regardless of the student's age. This is covered under Nebraska Revised Statute 28-320.01, where sexual contact between a school employee and a student is considered sexual assault if the student is at least 16 but less than 19 years old and the employee is at least 21 years old and holds a position of authority over the student. This law applies even if the student has reached the age of consent and is a willing participant. Violations of this statute can result in felony charges, emphasizing the state's interest in protecting the integrity of the educational environment and the welfare of students.