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 Nevada, it is illegal for educators, including teachers, to engage in sexual conduct with students under NRS 201.540, which is the statute that addresses sexual conduct between certain school employees or volunteers and pupils. This law makes it a crime for a teacher or other person who is employed by, volunteering at, or providing services to a school to engage in sexual conduct with a pupil who is 16 or 17 years old, even if the student has reached the age of consent, which is 16 in Nevada. The statute specifically prohibits sexual conduct with a pupil who is a minor and who is at least 16 years old but less than 18 years old, if the employee or volunteer is at least 21 years old and at least four years older than the pupil. Violation of this law is a felony offense, and the severity of the charges can vary depending on the circumstances of the case. It is important to note that these laws are in place to protect students from potential abuse of power and to maintain professional boundaries in educational settings.