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 Montana, the law specifically addresses sexual conduct between educators and students. Under Montana Code Annotated § 45-5-507, it is a criminal offense for a teacher, school employee, or school volunteer to have sexual intercourse with a student who is enrolled at the same school, regardless of the student's age. This law applies even if the student has reached the age of consent, which is 16 years old in Montana. The offense is classified as 'sexual intercourse without consent' when it involves a student and an authority figure from the school, and it is considered a felony. The severity of the punishment can vary depending on the circumstances of the case, but the law is designed to protect students from sexual exploitation by individuals in positions of trust and authority within educational institutions.