Improper Relationship Between Educator and Student
Under section 21.12 of the Penal Code, an employee of a public or private school commits a second-degree felony by engaging in sexual contact or intercourse with a student enrolled in the school where the employee works. The student’s age is irrelevant: even if the student is eighteen or older, the offense is the same.
Two to twenty years in prison. Sex-offender registration upon conviction.
What the State must prove
The State must prove three things: the defendant was an employee of a school, the complainant was enrolled in that school, and sexual contact or intercourse occurred. The statute covers teachers, coaches, administrators, counselors, and any other school employee. It applies to public schools, private schools, and charter schools.
The statute does not require proof that the defendant held a position of authority over the specific student, only that both were at the same school.
Defense issues
These cases often begin with rumors, a student’s disclosure to a friend or parent, or the discovery of text messages or social media communications. The defense examines the circumstances of the disclosure, the relationship between the complainant and the defendant, and whether the electronic evidence supports the allegation.
The professional consequences are immediate and severe: loss of teaching certificate, termination, and difficulty finding employment in any field that involves contact with minors.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].