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 Utah, it is illegal for educators to engage in sexual activity with students, regardless of the student's age or consent. Utah law specifically addresses the issue of sexual conduct between teachers and students under Utah Code Ann. § 76-5-401.2, which makes it a criminal offense for any person who holds a position of special trust as an educator to engage in sexual activity with a student. This law applies even if the student is above the age of consent, which is 18 in Utah. Violations of this statute can result in felony charges, reflecting the state's strong stance against such conduct to protect the welfare of students and maintain the integrity of the educational environment.