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 Illinois, it is a criminal offense for educators to engage in sexual conduct or sexual penetration with a student if the educator holds a position of trust, authority, or supervision in relation to the student. This applies regardless of the student's age or consent. Illinois law specifically addresses this issue under the Illinois Criminal Code in 720 ILCS 5/11-1.20, which defines the offense of 'criminal sexual assault.' Additionally, 720 ILCS 5/11-1.60 outlines 'aggravated criminal sexual abuse,' which also covers situations where an educator may have sexual contact with a student. These offenses are typically charged as felonies, with the potential for significant prison time and other penalties. The state's age of consent is generally 17 years old, but the laws concerning educators and students override the age of consent, emphasizing the abuse of power and trust in such situations.