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 Illinois, it is a criminal offense for educators, including teachers, to engage in sexual conduct or sexual relations with a student, regardless of the student's age or consent. Illinois law specifically addresses the abuse of a position of trust or authority, such as that held by a teacher. Under the Illinois Criminal Sexual Assault statute (720 ILCS 5/11-1.20), a person commits criminal sexual assault if that person holds a position of trust, authority, or supervision in relation to the victim, and the victim is between 18 and 17 years old. This law makes it clear that even if the student is at the age of consent, which is 17 in Illinois, it is still illegal for an educator to have sexual contact with them. Violations of these laws can result in felony charges, with penalties that may include imprisonment and registration as a sex offender.