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 New Hampshire, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age or consent. New Hampshire law specifically addresses the issue of sexual conduct between teachers and students under RSA 632-A:3, III. This statute makes it a felony for any school employee to engage in sexual acts with a student who is enrolled in the school or school district where the employee works, even if the student is above the age of consent, which is 16 years old in New Hampshire. The law is designed to protect the integrity of the educational environment and acknowledges the inherent power imbalance between educators and students. Violations of this law can result in severe penalties, including imprisonment and the possibility of registration as a sex offender.