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 Washington State, it is illegal for educators 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 Washington is 16 years old. However, Washington has specific statutes that make it a crime for school employees to have sexual intercourse with a registered student who is 16 or 17 years old, even if the student has reached the age of consent. This is outlined in RCW 28A.635.020 and RCW 28A.635.100, which make it a felony for any school employee to engage in sexual misconduct with a minor. The law applies regardless of whether the student consents to the activity, recognizing the inherent power imbalance between educators and students. Additionally, under RCW 9A.44.093, a person is guilty of sexual misconduct with a minor in the first degree when they are a school employee and have sexual intercourse with a registered student who is at least 16 years old but not older than 21 years old, where the employee is at least 60 months older than the student. This law is designed to protect students from being exploited by those in positions of authority and trust within educational settings.