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Houston, Texas Improper Student/Teacher Relationships

Section 21.12

Understanding the Law

Improper Relationship Between an Educator and Student is a criminal offense in Texas under §21.12 of the Texas penal code. According to the law, an educator employed at either a public or private school commits this offense when he or she engages in sexual intercourse or sexual contact with an individual who is enrolled in the school.

Under Texas Penal Code, § 21.12 (3)(c), this offense can be charged in conjunction with another crime if the act qualifies as two offenses under Chapter 21. For example, an individual could face "indecency with a child" charges under §21.11 in conjunction with charges under §21.12, if the prosecution can demonstrate a student-teacher relationship between the victim and defendant.

What Are the Penalties?

As a second-degree felony, this offense is punishable by incarceration in a Texas state prison for up to 20 years and no less than two years and a $10,000 fine.

Defense Strategies

According to Texas law, there are several affirmative defenses against Improper Relationship Between Educator and Student. These include:

  • The defendant was married to the student at the time of the alleged offense
  • The sexual relationship began before the student – teacher relationship was established
  • The defendant is not more than three years older than the alleged victim

Your Ally In Court

If you have been charged with a serious sex crime, such as Improper Relationship Between Educator and Student, you need a defense lawyer with the knowledge and experience to help you avoid a conviction. To learn how The Law Offices of Ned Barnett can help you, contact our office today or fill out a no-obligation case evaluation form online.

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