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 Mississippi, it is illegal for educators to engage in sexual contact with students under their authority. The state has specific statutes that address sexual conduct between teachers and students, which is considered a position of trust and authority over the student. Mississippi Code Section 97-3-104.1 makes it a criminal offense for a person in a position of trust or authority over a student, including a teacher, to engage in a sexual relationship with a student, regardless of the student's age or consent. This law applies to students enrolled in the school where the educator works. Violation of this statute can result in felony charges, with penalties that may include imprisonment and fines. The law reflects a recognition that the power imbalance between educators and students can preclude genuine consent, and aims to protect students from exploitation.