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 Tennessee, it is illegal for educators to engage in sexual contact with students under their authority. The state has specific statutes that address the issue of sexual misconduct by authority figures, including teachers. Under Tennessee Code Annotated § 39-13-527, it is a crime for a person with authority over a minor, such as a teacher, to engage in sexual activity with that minor, regardless of whether the minor is above the age of consent. This law is designed to protect students from being exploited by those in positions of power and trust. The offense is typically charged as a felony, reflecting the seriousness with which Tennessee views the abuse of authority in educational settings. The age of consent in Tennessee is 18, and the law makes it clear that consent is not a defense when the sexual activity involves an educator and a student.