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 Florida, it is illegal for an educator to engage in sexual conduct with a student, regardless of the student's age or consent. Florida law specifically addresses the issue of authority figures, such as teachers, engaging in sexual relationships with students under their care. This is covered under Florida Statutes Section 800.101, known as the 'Unlawful sexual activity with certain minors' statute, which makes it a second-degree felony for a person in a position of familial or custodial authority to engage in sexual activity with a person who is 16 or 17 years old. Additionally, Florida Statutes Section 794.011, which pertains to sexual battery, prohibits sexual activity with individuals under 18 and can impose harsher penalties when the offender is in a position of control or authority over the victim, including educators. These laws are designed to protect students from exploitation and recognize the inherent power imbalance in student-educator relationships.