Can a school employee have sex with a student from another school district or state?

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Can a school employee have sex with a student from another school district or state?

If a school employee is 19 and the student is 18 or
the same age but in another district or state, does
NC law still count that as statutory rape?

Asked on May 16, 2017 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

From a criminal law perspecive, so long as both parties are over the age of 18, having sexual relations is legal. From an employment perspective, while having sex with an adult may be legal, the fact that it is with a student may be prohibited by the terms of a union agreement, employment contract or the like.


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