Improper Relationship Between Educator and Student

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

An employee of a public or private primary or secondary school commits a second degree felony if he engages in sexual conduct or intercourse with a student to whom he is not married and who is enrolled at the school employing him.

Statute(s)

§ 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.

(a) An employee of a public or private primary or secondary school commits an offense if the employee engages in:

(1) sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works ; or

(2) conduct described by Section 33.021, with a person described by Subdivision (1), regardless of the age of that person.

(b) An offense under this section is a felony of the second degree.

(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the enrolled person at the time of the offense.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.

Added by Acts 2003, 78th Leg., ch. 224, § 1, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 610, § 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 772, § 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 260, Sec. 2, eff. September 1, 2009.