Under Texas Penal Code Section 21.12, it is illegal for an employee of a public or private primary or secondary school to engage in sexual contact or sexual intercourse with an enrollee at a primary or secondary school – no matter the student’s age. Any employee includes non-teachers, such as maintenance personnel, office staff, cafeteria workers, and security.
It is illegal for anyone holding a teacher’s or other required education license to engage in sexual contact or intercourse with any enrollee at the school or a student who participates in an activity sponsored by the school. The student does not need to be enrolled at the teacher’s school but can be any student in the same district.
Additionally, a teacher charged under this section can also be charged with other sex crimes involving a minor, such as indecency with a child, child pornography, and sexual assault. These charges mean there could be additional punishments, including a greater number of years in a prison and the requirement to register as a sex offender.
Improper Relationship Between Educator and Student is a second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine. Upon conviction of a felony, the teacher will have to endure many consequences.
These are highly sensitive, fact-driven criminal cases with enormous stakes. They take tremendous skill, vast experience, dogged tenacity, and compassion.
The prosecutor needs to prove your guilt beyond a reasonable doubt.
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Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Suite 200
Sugar Land, Texas 77478