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 Florida, it is illegal for an authority figure, including educators, to have sexual contact with a student, regardless of the student's age or consent. Florida law, specifically under Florida Statutes Section 800.04 and related statutes, criminalizes lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, and sexual battery (rape) under various circumstances. Additionally, Florida Statute 794.011(8)(b) makes it illegal for a person in a position of custodial authority to engage in sexual activity with a person 18 years of age or older who is a student at the school where the educator works. Violations of these laws can result in severe penalties, including felony charges, imprisonment, fines, and the loss of teaching credentials. The specific statutes provide a clear legal framework to prosecute educators who engage in sexual misconduct with students, ensuring that the power dynamic in the educator-student relationship does not allow for exploitation, even if the student is at or above the age of consent.