Legal Question in Education Law in California

california student-teacher relation laws

is it illegal for a teacher to partake in sexual activity with an of age [18+ years old] person who is still attending high school but within a different district? meaning there was no prior professional relationship before the potential personal relationship.

Asked on 3/20/08, 4:16 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER
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Re: california student-teacher relation laws

Hello.

IT IS NOT illegal to have sexual relations as between two consenting adults. An adult is defined as someone who is otherwise mentally competant (not a ward of the state or previously medically determined to be "less"). Consent generally is defined in the same way as being competant and not under duress, coercion or by virtue of threat or force.

SO, if two people, over 18 and with ability to say "NO" say "yes" the law has been complied with. The issue of teacher and student of another school is irrelevant.

NOW, that has nothing to do with school or district policy. You only asked about legality.

If you were asking about it being a good idea, I have no comment.

Regards,

Mark Geyer

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Answered on 3/24/08, 7:03 pm

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