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 Washington State, it is illegal for educators to engage in sexual contact with students under the state's statutory rape laws, which are based on the age of consent. The age of consent in Washington is 16 years old. However, Washington has specific statutes that make it a crime for school employees to have sexual intercourse or sexual contact with a registered student who is at least 16 years old but less than 21 years old, under RCW 28A.635.020 and RCW 28A.635.100. This is considered Sexual Misconduct with a Minor in the First or Second Degree, depending on the circumstances, and is a felony offense. The law applies regardless of whether the student consents to the activity. These statutes reflect the state's interest in protecting the integrity of the educational environment and the welfare of students, recognizing the inherent power imbalance between educators and students.