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 Pennsylvania, it is illegal for educators, including teachers, 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 Pennsylvania is 16 years old. However, Pennsylvania law goes further by specifically criminalizing sexual relationships between educators and students, regardless of the student's age. Under Pennsylvania's institutional sexual assault statute, 18 Pa.C.S. § 3124.2, it is a felony for a school employee to engage in sexual activity with a student who is enrolled in or attends the school where the employee works. This law applies even if the student has reached the age of consent. The statute is designed to address the inherent power imbalance between educators and students and to protect the welfare of students in educational settings.