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 Oregon, it is illegal for educators to engage in sexual contact with students under ORS 163.415, known as 'Sexual Abuse in the Third Degree.' This law makes it a crime for a person to have sexual contact with another person who is not their spouse if the victim is under 18 years of age and the perpetrator is in a position of trust or authority over the victim, which includes teachers and other educators. This applies regardless of the student's willingness to participate and even if the student has reached the age of consent, which is 18 in Oregon. Violations of this statute are treated as serious offenses and can result in felony charges, carrying significant legal consequences including imprisonment, fines, and mandatory registration as a sex offender.