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 South Dakota, it is illegal for educators to engage in sexual contact with students under state law. South Dakota Codified Laws (SDCL) specifically address the issue of sexual contact between teachers and students in SDCL 22-22-7.6, which makes it a Class 6 felony for any school district employee or school official to engage in sexual penetration or sexual contact with a student who is 16 or 17 years old. This law applies regardless of whether the student has reached the age of consent, which is 16 in South Dakota, and whether the student consented to the act. The statute is designed to protect students from sexual exploitation by individuals in positions of authority and trust within the educational system. Violations of this law can result in severe penalties, including imprisonment and fines, as well as the loss of the educator's professional license.