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 Jersey, it is a criminal offense for an educator to engage in sexual conduct with a student, regardless of the student's age of consent. New Jersey law specifically addresses the abuse of trust by an educator through statutes that criminalize sexual relations between school employees and students. Under N.J.S.A. 2C:14-2 and N.J.S.A. 2C:14-3, sexual assault and criminal sexual contact are defined and prohibited, and these laws are applied to cases involving educators and students. The law recognizes the inherent power imbalance and the violation of professional boundaries in such relationships. If the student is under 18, the offense is typically more severe, and the educator can face significant legal consequences, including felony charges, imprisonment, fines, and the loss of their teaching license. The specific circumstances of each case, such as the age of the student and the nature of the sexual contact, will influence the exact charges and penalties.