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 Virginia, it is illegal for an educator to engage in sexual contact with a student, regardless of the student's age or consent. Virginia law specifically criminalizes sexual relationships between teachers and students under the age of 18, which is the age of consent in Virginia. This is covered under Virginia Code § 18.2-370, which defines and penalizes taking indecent liberties with children, including students by a person in a custodial or supervisory relationship. Additionally, Virginia Code § 18.2-63 addresses carnal knowledge of a child between ages 13 and 15. While these statutes cover situations where the student is below the age of consent, Virginia also has laws that address the abuse of a position of trust or authority, which can apply to educators with students who are 18 or older. Violations of these laws can result in felony charges, with penalties that include imprisonment and fines, as well as the loss of the educator's license to teach.