Teachers in trouble for dating students
If the sexual contact involves penetration, it is a class C crime punishable by imprisonment for up to five years, a fine of up to ,000, or both.If the adult does not have authority over the student, but the adult is 21 or older, the contact is a class E crime, or a class D crime if the act involves penetration.You asked whether other states, particularly in the Northeast, have enhanced criminal penalties or other provisions in their laws prohibiting consensual sex between an adult and a minor that apply specifically to cases involving a teacher and an elementary or secondary school student.
Other states, including Vermont, criminalize sexual acts with a person who is “entrusted to the actor's care by authority of law” (13 Vt. Among the states in other parts of the country with specific provisions dealing with teachers and students are Kansas, Maryland, North Carolina, Ohio, and Washington.The underlying crime of unlawful sexual contact applies when the person other than the actor has not expressly or impliedly acquiesced to the contact.The provisions dealing with students apply even if the student has consented to the contact.However, in cases involving students and educational staff having authority over them (as defined above) this penalty applies even if the student consents to the touching.It is a class E crime if the adult is at least 21, regardless of whether he has authority over the student., a person is guilty of felonious sexual assault if he is in a position of authority over a victim aged 13 to 17, inclusive, and uses this authority to coerce the victim submit to sexual penetration.
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Case law has found that the statute covers teachers and that the coercion can take the form of undue influence, threats, or physical force, among other things.