Criminalizing Educator Sexual Misconduct Map

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Overview

While Educator Sexual Misconduct is frowned upon, and schools can choose to fire school employees who engage in sexual relationships with students, the school employees cannot always be criminally charged if the student is over that state’s age of consent. Thirty-three (33) states have an age of consent of 16 years, six (6) states have an age of consent of 17 years, and eleven (11) states have an age of consent of 18 years (Abboud 2020).

“Educators are one of the main representations of authority that children and teenagers encounter, beyond their parents. An established age of consent, as we see delineated throughout the states, maintains the line between a student and someone who is in a position of authority. Moreover, teachers and school staff are assumed to have power over students, no matter what age, and therefore the ability of the relatively powerless student to give consent is assumed to be impaired in such relationships.” (Abboud 2020)

Over 75% of states have now passed legislation specifically outlawing educator sexual misconduct, recognizing that even if a student is over the age of consent, the educator is in a position of authority over the student and the student cannot consent to such a relationship. 

A statutory analysis of these laws by Abboud, et al. including data collected between 2010 and 2017, documented that the number of applicable statutes criminalizing “educator sexual misconduct” had nearly doubled from 15 states to 29.[1]  Our review shows that currently thirty-nine (39) states and the District of Columbia have adopted statutes that specifically prohibit the sexual abuse of children by individuals working in or associated with schools and by persons in positions of authority that include school personnel.

While the term “educator sexual misconduct” is the “catch-all” term used to describe these statutes, the types of school-related adults prohibited from engaging in sexual contact with students vary greatly. For example, Alaska’s statute simply states:  “…a person who holds a certificate who is employed by a school district…” Wisconsin’s statute is equally brief: “…a school staff person or a person who works or volunteers with children.”

Several states specifically describe the types of personnel their law targets. These may include: administrator, principal, vice-principal, teacher substitute teacher, student teacher, school health services provider, school safety officer, coach. Mississippi’s statute goes further to include: counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, scout leader. 

Some states refer to licensed school employee while others include unlicensed school employees and contracted employees. Three states, including Nevada, New Mexico and Vermont include school volunteers and six, including Maine, Maryland, Michigan, Oklahoma, Texas and Utah, extend prohibitions to private and public schools. 

Statutes in seventeen (17) states are educator-specific only; eighteen (18) include both educator-specific sexual misconduct and misconduct committed by persons in positions of authority who provide supervisory or disciplinary authority over a student. Five (5) states include only the position of authority and do not mention schools at all. Eleven (11) states criminalize adult/child sexual relationships in general but have no educator-specific sexual misconduct law.

Nearly half the states with educator-specific-sexual misconduct statutes include a “same school” criterion, defined as “a school at which the student is enrolled and the defendant is employed, assigned, or volunteers.”  Mississippi and Ohio do not stipulate that the student and defendant must be in the same school.  New Jersey expands the prohibition to any “actor who has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status.”

The range of punishments for violating these statutes varies widely. For example, they include in-house punishment to imprisonment from six months to life, for misdemeanor or felonies and impose fines ranging from none to $300,000, though $10,000 to $20,000 is the typical amount. Statutes in 23 states require individuals who violate these statutes to register as a sex offender; others leave the decision to the courts.

In a few states, including Alabama, California, Louisiana, Massachusetts and Tennessee, efforts to criminalize educator-specific sexual misconduct and/or sexual misconduct by persons in positions of authority have been influenced by Age of Consent laws and the loophole they provide for those motivated to sexually abuse youth. 

See the legend below the map for the meaning of the colors. Click on the orange states to see the laws criminalizing educator sexual misconduct and punishment details for each state. 

[1] Abboud, M. et al., “Educator Sexual Misconduct: A Statutory Analysis.” Criminal Justice Policy Review, 2020. Vol.31 (1) 133-153.

Criminalizing Educator Sexual Misconduct

Legend:

◼︎  No current legislation criminalizing Educator Sexual Misconduct

◼︎  Successfully passed legislation criminalizing Educator Sexual Misconduct 

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California

California does NOT have a law that criminalizes educator sexual misconduct. However, Chapter 128 Sec. 1708.5.5 prohibits consent from being a defense in any sexual battery civil action involving a child 18 years of age or older, if the person committing the crime is a specified adult in a position of authority (including, teacher, coach counselor) and is able to exercise undue influence over the minor. Chapter 128 does not appear to prohibit consent as a defense in sexual battery civil actions involving children 14 to 18 years of age.

Hawaii

Hawaii does NOT have a law that criminalizes educator sexual misconduct but has a law forbidding adult/child sexual relationships.

Massachusetts

Massachusetts has laws criminalizing adult/child sexual relationships; however, in 2021 bill S1092 was introduced, which would specifically criminalize educator sexual misconduct. The bill broadly defines the position of trust, authority or supervision over a child to include: “a teacher, substitute teacher, coach, tutor, special educator, paraprofessional, mentor or other paid staff or volunteer providing instruction or educational services to a child in a private or public school; or an instructor, tutor or coach of any athletic, artistic, or academic club, team, institution or organization, or an individual tutor or coach.” It also includes: “a parent, stepparent, adoptive parent, legal guardian, foster parent, or any person with custodial authority or supervision of a child; or a babysitter, child care provider, or child care aide or volunteer; or any other person who because of that person’s familial relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with a child or children.”
A person who commits indecent assault and battery on a child 14 to 18 years of age shall be punished by imprisonment not to exceed 10 years. Whoever unlawfully has sexual intercourse with and abuses a child 16 to under the age of 18 or a child under 14, shall be imprisoned from life to no less than 10 years. Age of consent is not a defense as a child under the age of 18 would be deemed incapable of consenting to any such conduct for which a defendant is being prosecuted.

Link to bill: S1092 https://malegislature.gov/Bills/192/S1092

North Dakota

North Dakota does NOT have a law that criminalizes educator sexual misconduct or sexual misconduct by a person in a position of authority over the child that would include school employees. If a person is accused of having sex with a minor, he or she may escape punishment if it can be shown that the offender reasonably believed the minor to be 18, the age of consent. The offender does not have a defense where the child is under 15 years of age and the offender believed, no matter how reasonably, that the child was 15 or older.

New York

New York does NOT have a law that criminalizes educator sexual misconduct. New York has statutory rape laws, making it criminal for an adult to have sexual contact with a person under a prescribed age. Under law, the underage person does not have the legal capacity to consent, so in a criminal case, it does not matter that the underage person wanted the sexual conduct to occur. However, the Age of Consent in New York is 17, so currently a student of that age is presumed to be capable of consenting to a sexual relationship with a teacher, other school employee, or other person in a position of authority or trust. In a civil or criminal action involving a 17-year-old victim, a defendant, therefore, may use age of consent as a defense.

Oregon

Oregon does NOT have a law that criminalizes educator sexual misconduct but does have a law forbidding adult/child sexual relationships.

Pennsylvania

Pennsylvania does NOT have a law that criminalizes educator sexual misconduct but does have a law forbidding adult/child sexual relationships.

Rhode Island

Rhode Island does NOT have a law that criminalizes educator sexual misconduct but does have a law forbidding adult/child sexual relationships.

South Dakota

South Dakota does NOT have a law that criminalizes educator sexual misconduct but does have a law forbidding adult/child sexual relationships.

Virginia

Virginia does NOT have a law that criminalizes educator sexual misconduct. It does have a law requiring all Virginia school districts to report cases of possible educator sexual misconduct to Virginia Department of Education within 10 days of learning of the allegations.

West Virginia

West Virginia does NOT have a law that criminalizes educator sexual misconduct.

Idaho

Idaho does NOT have a law that criminalizes educator sexual misconduct but does have a law forbidding adult/child sexual relationships.

Alaska

Alaska has a law that criminalizes educator sexual misconduct. Alaska’s Administrative Code title. 4 § 12.200 states that “A person who holds a certificate, who is employed by a school district may not engage in sexual conduct with a student. The individual may be imprisoned for 5-20 years with a fine of up to $15,000. Registration as a sex offender is required.

Link to law: http://www.touchngo.com/lglcntr/akstats/

Alabama

Alabama has a law that criminalizes educator sexual misconduct. In 2012, Alabama passed Code § 13A-6- 81 & 82 which states that “a person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student below the age of 19 years if he or she is a school employee and engages in a sex act or sexual intercourse with a student, regardless of whether the student is male or female.” The statute established educator sexual misconduct as a Class B felony which could result in a jail sentence of from 2 to 20 years and a fine up to $30,000. Consent is not a defense to a charge under this law.

Link to law: https://law.justia.com/codes/alabama/2012/title-13a/chapter-6/section-13a-6-81

Arkansas

Arkansas has a law that criminalized educator sexual misconduct. Ark. Code Ann. § 5-14-125 (2018) makes it a crime for a person in a position of authority at a public or private school (such as a teacher, principal, athletic coach, or counselor) to engage in sexual conduct with a student younger than 21 years of age who is enrolled in the same school. Educator sexual misconduct is a Class B felony punishable with imprisonment for 5-20 years and a fine of up to $15,000. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-2/chapter-14/subchapter-1/section-5-14-125/

Arizona

Arizona has a law that criminalizes educator sexual misconduct. Arizona Rev. Stat. § 13-1405 prohibits “a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state from committing sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. Punishment varies by age of the child from a Class 6 felony (prison term of 4 months to 6 years, a Class 2 felony (3-12.5 years without parole). Sexual contact with a child 1 or under can result in a life sentence without parole.

Link to law: https://law.justia.com/codes/arizona/2013/title-13/section-13-1405 or commuted

Colorado

Colorado does have a law that criminalizes educator sexual misconduct. SB21-017 was signed into law on July 2nd, 2021. This law provides that “…an educator who subjects a secondary school student who is at least 18 years of age to sexual contact commits the crime of abuse of public trust by an educator, if the educator is at least four years older than the student.” “Abuse of Public Trust by an Educator’ is now a Class 1 Misdemeanor. Consent from the student cannot be used as a defense to this charge.

Link to SB21-17 CONCERNING SEXUAL CONTACT BETWEEN A STUDENT AND AN EDUCATOR IN VIOLATION OF THE PUBLIC TRUST. https://leg.colorado.gov/sites/default/files/2021a_017_signed.pdf

Connecticut

Connecticut has a law that criminalized educator sexual misconduct. CGS Sec. 53a-71 states that “a person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and (1) such other person is 13 years of age or older but below 16 years of age and the actor is 3 years older than such other person;… (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor.” The statute established educator sexual misconduct as a Class C or B felony. Class C felonies are punishable by 1-10 years imprisonment and a fine of up to $10,000; Class C are felonies can result in 1-40 years imprisonment and a fine of $15,000. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/connecticut/2005/title53a/sec53a-71.html

District of Columbia

District of Columbia has a law that criminalizes educator sexual misconduct. The District of Columbia’s statutes on first degree of sexual abuse § 22–3009.03 and second degree of sexual § 22–3009.0 state that any teacher, counselor, principal, coach, or other person of authority in a secondary level school who engages in a sexual act with a student under the age of 20 years enrolled in that school or school system, or causes that student to engage in a sexual act, shall be imprisoned and fined.

Link to law: https://code.dccouncil.us/us/dc/council/code/titles/22/chapters/30/

Delaware

Delaware has a law that criminalizes sexual misconduct by a person in a position of trust. Delaware Code § 770 makes it a Class C felony if “a person intentionally engages in sexual intercourse or sexual penetration with another person, and the victim has reached that victim’s 16th birthday but has not yet reached that victim’s 18th birthday and the defendant stands in a position of trust, authority, or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority, or supervision over the child.” A child who has not yet reached their sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child. Children who have not yet reached their twelfth birthday are deemed unable to consent to a sexual act under any circumstances. The Class C felony can result in a prison term of up to 15 years. Registration as a sex offender is required.

Link to law: https://delcode.delaware.gov/title11/c005/sc02/

Florida

Florida has a law that criminalizes educator sexual misconduct. Section 800.101 of Florida Statutes, states that an “Authority figure” means “a person 18 years of age or older who is employed by, volunteering at, or under contract with a school, including school resource officers.” They shall not solicit or engage in: (a) Sexual conduct; (b) A relationship of a romantic nature; or (c) Lewd conduct with a student in a public school, private school, voluntary prekindergarten education program, early learning program, the Florida School for the Deaf and the Blind, and the Florida Virtual School. Such acts constitute a felony of the second degree, punishable by imprisonment not exceeding 15 years.

Link to law: https://www.flsenate.gov/Session/Bill/2018/515/BillText/c1/PDF

Georgia

Georgia has a law that criminalizes educator sexual misconduct. The Ga. Code Ann. §16-6-5.1(b) states: A person who has supervisory or disciplinary authority over another individual commit sexual assault when that person is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school. The statute established that an educator convicted of sexual assault shall be punished by imprisonment of from 1-25 years or by fine not to exceed$100,000 or both. Registration as a sex is offender required.

Link to law: https://law.justia.com/codes/georgia/2010/title-16/chapter-6/16-6-5-1/

Iowa

Iowa has a law that criminalizes educator sexual misconduct. Iowa Code Ann.§709.15 states that sexual exploitation by a school employee occurs when any sexual conduct occurs with a student for the purpose of arousing or satisfying the sexual desires of the school employee or student. The statue established sexual misconduct as aggravated misdemeanor with punishment of up to 2 years imprisonment and a fine of $6,350 or a Class D felony with punishment of up to 5 years and a fine of $7,500. Registration as sex offender is required.

Link to law: https://www.legis.iowa.gov/docs/code/709.15.pdf

Illinois

Illinois has a law that criminalizes educator sexual misconduct. Illinois 720 Ill. Comp.Stat.5/11-1.20 states that “A person commits criminal sexual assault if that person commits an act of sexual penetration and is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.” The offense is a Class X felony offense, with a potential penalty of 6-30 years in prison. Registration as a sex offender is required.

In 2020 the Illinois Make Sexual and Severe Physical Abuse Fully Extinct (Make S.A.F.E.) Task Force proposed to expand the law to include individuals in positions of trust, authority, or supervision of the victim specifically in connection with any education or athletic program or activity, regardless of the location of the offense.

Link to bill: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

Indiana

Indiana has a law that criminalizes educator sexual misconduct. Indiana Code 35-42-4-7, called the Child Seduction law, states that a person, who is at least eighteen (18) years of age and is the: guardian, adoptive parent, adoptive grandparent, custodian, stepparent or child care worker for a child less than eighteen (18) years of age, and engages with the child in sexual intercourse, or other sexual conduct, that person commits child seduction. Teachers are considered “child care workers” as they are in a position of trust, supervised or provided care for the child. Regardless of whether the teacher is still in a supervisory role over the student, if child seduction occurred while the teacher and student were both connected to the school, the statute applies. Penalties vary depending on the age of the child and the violation committed. Registration as a sex offender is required.

Link to Law: https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-4-7.html

Kansas

Kansas has a law that criminalizes educator sexual misconduct. Kan. Crim. Code Ann. §21-5512 states that “unlawful sexual relations are engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if (9) the offender is a teacher or other person in a position of authority and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is a student enrolled at the school where the offender is employed. The statute establishes it as a level 5-person felony with imprisonment of from 50-55 months and a fine of up to $300,000.

Link to law: http://www.kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_055_0000_article/021_055_0012_section/021_055_0012_k/

Kentucky

Kentucky has a law that criminalizes educator sexual misconduct. Ky. Rev. Stat. Ann. §510.060 (1)(d) states that a person is guilty of rape in the third degree if when being a person in a position of authority or special trust defined as a parent, youth leader, teacher, coach or detention center employee, or other positions with influence over a minor, engages in sexual intercourse with a minor below 18 years with whom he or she comes into contact as a result of that position. The statue establishes Class D felony punishable by 1-5 years in prison and a fine of $1,000 to $10,000. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/kentucky/2014/chapter-510/section-510.060/

Louisiana

Louisiana has a law that criminalizes educator sexual misconduct. La. R.S. 14:81.4 makes it illegal for a teacher or educator to have sexual intercourse with “a person who is 17 years of age or older, but less than 21 years of age, where there is an age difference of greater than 4 years between the two persons, when the victim is not the spouse of the offender and is a student at the school where the educator is assigned, employed, or working at the time of the offense. “Educator” includes “any administrator, coach, instructor, paraprofessional, student aide, teacher, or teacher aide at any public or private school, assigned, employed, or working at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis. Penalties vary depending on the offense. Registration as a sex offender is required. Consent of a student is no defense to any violation of this law, nor is lack of knowledge of the student’s age.

Link to Law: https://law.justia.com/codes/louisiana/2011/rs/title14/rs14-81-4

Maryland

Maryland has a law that criminalizes educator sexual misconduct. Md. Code Ann., Crim. Law §3-308(c)(1-2) states that ”a person of authority may not engage in sexual misconduct: includes a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school.” Punishment includes imprisonment not to exceed 3 years or a fine not exceeding $1,000 or both.

Link to law: https://www.dpscs.state.md.us/onlineservs/sor/sor_crimes_article.shtml#_Toc280276147

Maine

Maine has a law that criminalizes educator sexual misconduct. Me. Rev. Stat. Ann. Tit. 17-A, §255-A(1)(K-L), (S-V) states that “a person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and the other person, not the actor’s spouse, is in fact less than 18 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee, or other official having instructional, supervisory or disciplinary authority over the student. The Class D crime is punishable by up to 1 year in county jail and a fine of up to $2,000. Registration as a sex offender is required.

Link to law: http://legislature.maine.gov/statutes/17-A/title17-Asec255-A.html

Michigan

Michigan has a law that criminalizes educator sexual misconduct. Mich. Comp. Laws Ann. § 750.520b (1)(b)(iv-v) states that “a person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists: (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.” The statute establishes that the court may order any terms of imprisonment and fine. Registration as a sex offender is required.

Link to law: http://www.legislature.mi.gov/(S(gc4p3wuprju14jzwt5z5kek0))/mileg.aspx?page=GetObject&objectname=mcl-750-520b

Minnesota

Minnesota has a law that criminalizes educator sexual misconduct. Act 138 Section 750.520b, Minnesota’s criminal sexual conduct statute, includes among those defined as a person in a position of authority, “a teacher, substitute teacher, or administrator of a public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled. Penalties range up to life imprisonment for 1st degree criminal sexual conduct against a child under 16 and up to 15 years for 2nd degree criminal sexual conduct against a child 13 to age 18. Sexual assault against a child 16 to 18 can be a misdemeanor punishable by a 2-year sentence. If the victim is at least 16 but under 18 and the abuser is more than 4 years older than the victim and in a current or recent position of authority over the child, neither mistake as to the victim’s age nor consent to the act by the victim is a defense.

Links to laws:
First Degree: https://www.revisor.mn.gov/statutes/cite/609.342
Second Degree: https://www.revisor.mn.gov/statutes/cite/609.343
Third Degree: https://www.revisor.mn.gov/statutes/cite/609.344

Missouri

Missouri has a law that criminalizes educator sexual misconduct. Mo. Ann. Stat. §566.086 states that “a person commits the offense of sexual contact with a student if he or she has sexual contact with a student of the school and is (1) a teacher, (2) a student teacher, or (3) an employee of the school.” The statute establishes sexual misconduct as a Class E felony with a prison term of not more than 4 years. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/missouri/2014/title-xxxviii/chapter-566/section-566.086/

Mississippi

Mississippi has a law that criminalizes educator sexual misconduct. Miss. Code Ann. §97-3-95(2) states that “a person is guilty of sexual battery if he or she engages in sexual penetration with a child below the age of 18 years if the person is in a position of trust or authority over the child including without limitation the child’s teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader, or coach.” The statute establishes a prison term of not more than 30 years and a fine of up to $10,000.

Link to law: https://law.justia.com/codes/mississippi/2013/title-97/chapter-3/section-97-3-95/

Montana

Montana has a law that criminalizes educator sexual misconduct. MCA Sec.45-5-501 states that a person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault. It prohibits “any person who has or ever had instructional, supervisory, disciplinary, or other authority over a student in an elementary or secondary school setting and knows, reasonably should know, or should have known the victim is a student at an elementary or secondary school” from committing sexual assault. It specifically cites: employees, contractors, and volunteers including principals, teachers, student teachers, aides, paraprofessionals, monitors, assistants, administrative employees, bus drivers, cafeteria workers, maintenance workers and custodians, coaches, crossing guards, security workers, medical professionals, and mental health professionals. This law provides that a student up to the age of 18 cannot provide consent to sexual assault by any such person.

Link to law: https://law.justia.com/codes/montana/2011/title45/chapter45-5/part45-5-5/section45-5-501/

North Carolina

North Carolina has a law that criminalizes educator sexual misconduct. N.C. Gen. Stat. Ann. §14-27.32(b) states that “if a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school personnel, and who is at least 4 years older than the victim engages in vaginal intercourse or a sexual act with a victim who is a student, at any time during or after the time the defendant and victim were present together in the same school, but before the victim ceases to be a student, the defendant is guilty of a Class G felony. The term “same school” means a school at which the student is enrolled and the defendant is employed, assigned, or volunteers.” The statute established educator sexual misconduct as a felony punishable by imprisonment of from 8 to 31 months.

Link to law: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-27.32.pdf

Nebraska

Nebraska has a law that addresses educator sexual misconduct. At the close of the 2020 Legislative Session, Nebraska lawmakers gave final approval to LB 1080, which requires the school board or board of education of each school district and the governing authority of each private, denominational or parochial school to adopt a policy regarding appropriate relationships between a student and a school employee, student teacher or intern on or before June 30, 2021. The required policy must prohibit any school employee, student teacher or intern from engaging in grooming. It also must prohibit any relationship that involves sexual contact or penetration from occurring between a student and a school employee, student teacher or intern while a student is enrolled and for a minimum of one year after a student graduates or ceases enrollment. It must include notice that policy violations could result in disciplinary action and referral to the state Department of Education and that any violation involving sexual or other abuse will result in referral to DHHS, law enforcement or both.

Link to law: https://legiscan.com/NE/text/LB1080/id/2204707/Nebraska-2019-LB1080-Chaptered.pdf

New Hampshire

New Hampshire has a law that criminalizes educator sexual misconduct. N.H. Rev. Stat. Sec.632-A:3 states that a person is guilty of felonious sexual assault if he is in a position of authority over a student, or over a victim aged 13 and under 18 years and uses this authority to coerce the victim to submit to sexual penetration. A student is defined as a person enrolled or participating in any class or program from preschool through grade 12. The statute establishes punishment as imprisonment of 10-20 years and a fine of up to $4,000 or both. Registration as sex offender is required. Consent of a victim under 13 years of age and under 18 shall not be considered a defense.

Link to law: http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-mrg.htm

New Jersey

New Jersey has a law that criminalizes educator sexual misconduct. N.J. Rev. Stat. Sec.2C 14-2 states “a person commits aggravated sexual assault if he commits an act of sexual penetration with another person when (1) the victim is below 13 years or (2) the victim is 13, 14, or 15 years and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status.” The statute establishes imprisonment from 10 to 20 years, a fine of $200,000, or both. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/new-jersey/2014/title-2c/section-2c-14-2

New Mexico

New Mexico has a law that criminalizes educator sexual misconduct. N.M. Stat. Ann. §30-9-11(G)(2) states that “criminal sexual penetration perpetrated on a child 13-18 years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider, or a school volunteer, and who is at least 18 years of age and is at least 4 years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school. “ The statute establishes the punishment as a fourth-degree felony, with up to 18 months in prison and a fine of up to $5,000. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/new-mexico/2006/nmrc/jd_30-9-11-c28b.html

Nevada

Nevada has a law that criminalizes educator sexual misconduct. Nev. Rev. Stat. Ann.§ 200.364 outlaws “sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.54, and outlaws sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550. The statute establishes punishment as a Category B with imprisonment of 1-6 years and a fine of $5,000 or Category C with imprisonment of 1-5 and a fine of $5,000.

Link to law: https://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec540

Ohio

Ohio has a law that criminalizes educator sexual misconduct. Ohio Rev. Code Ann. § 2907.03(A)(7-8) states that “no person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school…, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.” The statute establishes sexual misconduct as a third-degree felony with 1-5 years imprisonment and a fine of $5,000, or second-degree felony with 2-8 years imprisonment and a fine of up to $10,000. Registration as sex offender is required.

Link to law: http://codes.ohio.gov/orc/2907.03

Oklahoma

Oklahoma has a law that criminalizes educator sexual misconduct. Okla. Stat. Ann. tit. 21, § 1111(A)(8) states that includes: “Where the victim is at least 16 years of age and is less than 20 years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is 18 years of age or older and is an employee of the same school system. The statute establishes punishment as a second-degree rape felony punishable by imprisonment between 1-15 years. Registration as a sex offender is required.

Link to law: https://law.justia.com/codes/oklahoma/2019/title-21/section-21-1111/

South Carolina

South Carolina has a law that criminalizes educator sexual misconduct. S.C. Code Ann. §16-3-653 states that “The actor engages in sexual battery with a victim who is at least 14 years of age but who is less than 16 years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is 18 years of age or less when he engages in consensual sexual conduct with another person who is at least 14 years of age.” The statute establishes a fine at the discretion of the court or imprisonment for not more than 15 years, or both. Registration as sex offender is required.

Link to law: https://law.justia.com/codes/south-carolina/2013/title-16/chapter-3/section-16-3-655

Tennessee

Tennessee does NOT have a law that criminalizes educator sexual misconduct specifically. However, under Tennessee Code 39-13-527, sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant if the victim was, at the time of the offense, thirteen years of age or older but less then eighteen; or the defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact. Sexual battery by an authority figure is a Class C felony.

Link to law: https://www.tn.gov/content/dam/tn/tbi/documents/Definitions%20of%20Tennessee%20Sexual%20Offenses%20and%20Violent%20Sexual%20Offenses.pdf

Texas

Texas has a law that criminalizes educator sexual misconduct. Tex. Penal Code Ann. § 21.12 states that (a) an employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works. The offense is a second degree felony with punishment of 2-20 years of imprisonment and a fine of up to $10,000.

Link to law: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm

Utah

Utah has a law that criminalizes educator sexual misconduct. Utah Code Ann. § 76-5-404.I(h) defines sexual abuse of a child by a person of special trust to include: “a teacher, or any other person employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years of age or older.” The offense is a second degree felony with punishment of a prison term of 1-15 years. Registration as a sexual offender is required.

Link to law: https://le.utah.gov/xcode/Title76/Chapter5/76-5-S404.1.html

Vermont

Vermont has a law that criminalizes educator sexual misconduct. Vt. Stat. Ann. tit 13,§ 3258 states that “(a) no person shall engage in a sexual act with a minor if (2) the actor is in a position of power, authority, or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.” The statute established imprisonment for not more than 5 years or a fine of not more than $10,000, or both.

Link to law: https://legislature.vermont.gov/statutes/section/13/072/03258

Washington

Washington has a law that criminalizes educator sexual misconduct. Wash. Rev. Code §9A.44.093(1)(b) states that “(1) a person is guilty of sexual misconduct with a minor in the first degree when (b) the person is a school employee who has, or knowingly causes another person below the age of 18 years to have, sexual intercourse with an enrolled student of the school who is at least 16 years old and not more than 21 years old and not married to the employee, if the employee is at least 60 months older than the student.” The statute established educator sexual misconduct as a Class C felony punishable by imprisonment for up to 5 years, a fine of up to $10,000, or both. Registration as a sex offender is required.

Link to law: https://govt.westlaw.com/wcrji/Document/Iefaba940e10d11daade1ae871d9b2cbe?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

Wisconsin

Wisconsin has a law that criminalizes educator sexual misconduct. Wis. Stat. Ann. §948.095 states that “sexual assault of a child by a school staff person or a person who works or volunteers with children is guilty of a Class H felony. (2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class H felony punishable by a fine of up to $10,000 and a prison term of up to 6 years.” Registration as a sex offender is required.

Link to law: https://docs.legis.wisconsin.gov/statutes/statutes/948/095

Wyoming

Wyoming has a law that criminalizes sexual misconduct committed by a person in a position of authority, which includes: a parent, guardian, relative, household member, teacher, employer, custodian or any other person who, by reason of his position, is able to exercise significant influence over a person.

Link to law: https://codes.findlaw.com/wy/title-6-crimes-and-offenses/wy-st-sect-6-2-303.html