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Marsha411JD, Lawyer
Category: Education Law
Satisfied Customers: 20395
Experience:  I am a licensed attorney with over 29 years experience in the practice of law including Educ. Law
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Hi there. Quick question. If a teacher and a student have a

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Hi there. Quick question. If a teacher and a student have a relationship while the student is still in school but is over the age of 16 and then engage in a sexual relationship only after the student has graduated and the parents of the student want to prosecute the teacher, do they have a strong case against the teacher or no because the student was of age and it was consensual?

Thank you for the information and your question. What do you mean by "relationship" when the student is still in school where the teacher teaches? Are you saying there was never a sexual relationship until the student turned 18?
Customer: replied 4 years ago.

I mean they text back and forth and hugged but that was it. There was no sexting or anything while the student was still in school. Correct, there was never a sexual relationship until not only the student was 18, but had graduated from the high school the teacher worked at.

Hello again and thank you for your reply. If there was no sexting or sexual activity prior to the student turning 18, then there would be no criminal conduct. If there was sexual conduct though when the student was still under 18 and still at school, then there would be criminal conduct. You can see all of he sexual misconduct statutes that pertain to minors at:

So, the teacher can only get in trouble if the student is under 18 and also still a student at their school.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 4 years ago.

could the teacher get in trouble for "child seduction" because he is an employee of the school the student graduated from?

That was what I referring to when I said if she was still a student and under 18 when they had sexual relations. The behavior under "sexual seduction" would have to be:
"...uses or exerts the person's professional relationship to engage in sexual intercourse, deviate sexual conduct, or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person;..."
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Thank you.