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 Utah, it is illegal for educators to engage in sexual activity with students under their authority. The state has specific statutes that address sexual conduct between teachers and students, which is considered a serious offense regardless of the student's age or consent. Utah Code Ann. § 76-5-401.2 makes it a criminal offense for any person holding a position of special trust, which includes teachers, to engage in sexual activity with a minor who is 16 or 17 years old. This law applies even if the student has reached the age of consent, which is 18 in Utah. Violations of this statute can result in felony charges, emphasizing the state's strict stance on maintaining professional boundaries between educators and students.