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The underlying crime applies when the person touched did not expressly or impliedly agree to the touching and is a class D crime.
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.
Most if not all states prohibit consensual sex between adults and minors below a certain age, with the age varying by state.
In the Northeast, Connecticut, Maine, and New Hampshire have provisions in such laws that deal specifically with sex between teachers and students. It is unclear that this provision covers teachers, according to the Legislative Council Other Northeastern states prohibit consensual sex between adults and minors, but do not have specific provisions regarding teachers and students. New York considers a minor aged 16 or younger incapable of consenting to sexual acts, and has several offenses for sexual acts with such minors, with specific provisions when the minor is 14 or younger.
However, it is also sexual abuse of a minor for a teacher or other educational staff member who is at least 21 to engage in a sexual act with a student who is 16 or 17.A class C felony is punishable by one to ten years imprisonment, a fine of up to ,000, or both; a class B felony is punishable by one to 20 years imprisonment, a Maine has three laws involving sexual conduct with a minor that have specific provisions when the actors are students and teachers or other school staff.These laws do not apply when the student and staff member are married.The crime is punishable by imprisonment for 10 to 20 years, a fine of up to ,000, or both., a person commits aggravated sexual assault if he commits an act of sexual penetration with another person when (1) the victim is under 13 years old; or (2) the victim is 13, 14, or 15 and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status.This crime is punishable by imprisonment for ten and 20 years, a fine of up to 0,000, or both.