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 New Jersey, it is illegal for an educator to engage in sexual conduct with a student, regardless of the student's age of consent. New Jersey law specifically addresses the issue of sexual relations between teachers and students under N.J.S.A. 2C:14-2 and N.J.S.A. 2C:14-3. These statutes classify sexual assault by an educator on a student as a crime of the second degree if the student is between 16 and 18 years old. The law applies to students who are in the same school or school district where the teacher is employed. If the student is under 16, the offense is even more severe and can be prosecuted under the state's statutory rape laws. The fact that the student may have consented to the sexual activity is not a defense under these laws. New Jersey's approach reflects a strong policy against sexual exploitation of students by educators, recognizing the inherent power imbalance in such relationships.