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 Virginia, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age or consent. Virginia law classifies this as a breach of the public trust and a misuse of authority. Specifically, under Virginia Code § 18.2-370, it is a Class 1 misdemeanor for any person employed by or volunteering at a school to have sexual contact with a student enrolled in the same school, if the student is a minor. If the student is 18 years of age or older, it is still a Class 6 felony under Virginia Code § 18.2-371.1 for an employee or volunteer of a school to engage in consensual sexual intercourse or certain other sexual acts with a student, regardless of the student's age. These laws reflect Virginia's commitment to protecting students from potential abuse and exploitation by individuals in positions of trust and authority within educational institutions.