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 Idaho, sexual contact between educators and students is governed by specific statutes that make it a crime for an educator to engage in sexual conduct with a student, even if the student has reached the age of consent. Idaho Code § 18-8603 explicitly criminalizes sexual conduct between school personnel and students under the age of 18. This law applies regardless of whether the student consents to the activity. The statute defines 'school personnel' broadly to include teachers, coaches, and other school employees or volunteers. Violation of this law is a felony, and the severity of the punishment can vary depending on the circumstances of the offense and the age of the student. It is important for educators in Idaho to understand that any sexual contact with students is not only unethical but also illegal, and it carries serious legal consequences.