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 Colorado, it is illegal for educators to engage in sexual contact with students under their care, regardless of the student's age or consent. Colorado law specifically addresses the issue of sexual conduct between teachers and students in CRS 18-3-405.5, which defines the crime of 'Sexual Assault on a Child by One in a Position of Trust.' This statute makes it a crime for a person in a position of trust, including teachers, to have sexual contact with someone under the age of 18, even if the student is at or above the age of consent for other circumstances, which is 17 in Colorado. Violations of this law can result in felony charges, with the severity of the charges depending on the circumstances, such as the age difference between the educator and the student and whether the sexual contact was part of a pattern of abuse.