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 New Mexico, it is illegal for educators to engage in sexual contact with students under the state's criminal sexual penetration and criminal sexual contact statutes. New Mexico law specifically addresses the issue of school personnel engaging in such conduct with students, regardless of the student's age or consent. Under New Mexico Statutes Annotated (NMSA) 1978, Section 30-9-11, it is a third-degree felony for school personnel to commit criminal sexual penetration or a fourth-degree felony to commit criminal sexual contact with a student who is at least 18 years old. If the student is under 18, the offense is elevated to a second-degree felony for criminal sexual penetration and a third-degree felony for criminal sexual contact. These laws reflect New Mexico's position that the inherent power imbalance between educators and students invalidates any claim of consent, and the state imposes strict penalties to deter such conduct and protect students.