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 Alabama, it is illegal for an educator to engage in sexual contact with a student under the state's statutory rape laws, which are based on the age of consent. The age of consent in Alabama is 16 years old. However, Alabama has specific statutes that make it a crime for an educator to have sexual contact with a student, regardless of the student's age. This is covered under Section 13A-6-81 of the Alabama Code, which makes it a Class B felony for a school employee to engage in a sex act or deviant sexual intercourse with a student under the age of 19 years, regardless of whether the student consents. The law applies to any employee of any public or private school, and is designed to protect the integrity of the student-teacher relationship and the welfare of students.