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improper educator-student relationship

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 California, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age of consent, under California Penal Code Section 261.5 and 288. This is considered a serious offense and is typically prosecuted as a felony. The law recognizes the inherent power imbalance between teachers and students, which can compromise the student's ability to give true consent. California's statutes specifically address the abuse of power in educational settings, making it clear that any sexual relationship between a teacher and a student is unlawful. The penalties for such offenses can include imprisonment, fines, and the loss of the educator's teaching credentials.

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Schools

improper educator-student relationship

Individual & Family Legal Plan

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California State Code

California State Code

Schools

improper educator-student relationship

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