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 York, it is illegal for educators, including teachers, to engage in sexual contact with students under their supervision, regardless of the student's age or consent. New York Penal Law Section 130.05(3)(a) establishes that a person is deemed incapable of consent when they are under the age of 17. However, New York goes further with Section 130.05(3)(b) and Section 130.10(1), which state that a person is also deemed incapable of consent when they are a student and the actor is a school employee and the student is age 17 or older, unless the employee is married to the student. This means that even if a student has reached the age of consent, which is 17 in New York, it is still a criminal offense for an educator to have sexual contact with them. Violations of these laws can result in felony charges, with the specific charge and potential penalties depending on the nature of the conduct and the ages of the individuals involved.