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 Nebraska, it is illegal for educators to engage in sexual contact with students under the state's statutory rape laws, which are based on the age of consent. The age of consent in Nebraska is 16 years old. However, Nebraska has specific statutes that criminalize sexual activity between teachers and students, regardless of the student's age. Under Nebraska Revised Statute 28-320.01, any person who is employed by or volunteering at a school and engages in sexual activity with a student who is at least 16 years old but less than 19 years old and who is enrolled in or attends that school is committing a criminal offense. This law applies even if the student has reached the age of consent and the sexual contact is consensual. The offense is classified as a Class IV felony, which can result in serious legal consequences for the educator involved.