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 West Virginia, it is illegal for educators, including teachers, to engage in sexual contact with students under their authority. The state has specific statutes that address the issue of sexual offenses by persons in positions of trust or authority over children, which includes teachers and other school personnel. West Virginia Code §61-8D-5 makes it a felony for such individuals to engage in sexual contact, sexual intercourse, or sexual intrusion with a minor who is under the age of 18, regardless of the student's consent or the age of consent in the state. This law is designed to protect students from being exploited by those who hold a position of trust or authority in educational settings. Violation of these statutes can result in severe penalties, including imprisonment and the requirement to register as a sex offender.