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improper educator-student relationship

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 South Dakota, sexual contact between educators and students is addressed under South Dakota Codified Laws (SDCL). Specifically, SDCL 22-22-7.6 makes it a Class 6 felony for any school district employee or school official to engage in sexual penetration or sexual contact with a student who is 16 or 17 years old, if the employee or official is in a position of authority over the student. This law applies regardless of whether the student has reached the age of consent, which is 16 in South Dakota. The statute is designed to protect students from sexual exploitation by individuals who have power or authority over them within the educational setting. Violations of this law can result in serious legal consequences for educators, including imprisonment and registration as a sex offender.

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Schools

improper educator-student relationship

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South-Dakota State Code

South-Dakota State Code

Schools

improper educator-student relationship

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