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 York, it is illegal for educators, including teachers, to engage in sexual contact with students under their supervision, regardless of the student's age or consent. New York law specifically addresses the abuse of a position of trust or authority, such as that held by a teacher, to engage in sexual conduct with a student. This is covered under New York Penal Law Article 130, which deals with sex offenses. The law recognizes that the power dynamic between a teacher and student can preclude genuine consent, and as such, sexual contact between educators and students is typically prosecuted under statutory rape laws or other provisions that criminalize sexual conduct with minors. Additionally, when the student is above the age of consent, which is 17 in New York, the educator may still face charges under laws that criminalize sexual relations between school employees and students, reflecting the state's interest in protecting the integrity of the educational environment and the welfare of students.