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 Arizona, it is illegal for an educator to engage in sexual conduct with a minor or a student who is currently enrolled in or attending the educational institution where the educator works. This is outlined in Arizona Revised Statutes Section 13-1405 and 13-1417. The law specifically criminalizes sexual conduct between an employee of a school and a minor who is enrolled at that school, regardless of whether the student has reached the age of consent, which is 18 in Arizona. Violations of these statutes can result in serious felony charges. The law recognizes the inherent power imbalance between students and educators and aims to protect students from potential exploitation. It is important for educators to understand that consent from a student does not exempt them from criminal liability under these statutes.