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Sex Crimes
Improper Teacher / Student Relationship Criminal Defense Lawyer, Frisco, TX
Relentless Defense Against Sex Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties
A charge for violating Sec. 21.12 of the Texas Penal Code not only has serious criminal consequences, but a number of collateral consequences as well. Accused individuals not only face prison time, but they could have difficulty gaining employment in the future and they will most certainly lose their teaching license in every state and if they are already married they most likely will face a divorce and or a serious child custody suit.
When facing sex crime charges such as this, you need an advocate who is experienced and completely committed to you. That is precisely what you will find at Ridgely Davis Law in Frisco Texas with our experienced Collin & Denton Sex Crimes Defense Lawyers. Improper Relationship Between Educator and Student is a criminal statute that authorizes law enforcement to go after school teachers and educators who get involved with their students. Improper Relationship between Educator and Student is a relatively new law. It was added to the Texas Penal Code in 2003. Indecency with a Child is a criminal statute that is similar in many respects, and has been on the books for decades. There is one crucial difference. Unlike Indecency with a Child, there is nothing in this statute that requires the student to be younger than 17 years old. This page discusses aspects of the law as well as the reality of facing and defending this criminal charge. If you or someone you love is facing this charge, please contact the experienced Sex Crimes Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties, to discuss the specifics of your case. It cannot be overstated how important it is to get your defense started as early as possible.
Texas Penal Code Sec. 21.12 “Improper Relationship Between Educator and Student”
Texas law states that any school employee who engages in sexual conduct with a person enrolled at that school has committed a felony of the second degree. The statute provides two affirmative defenses to prosecution under Sec. 21.12: a) the defendant was the spouse of the individual enrolled at the school, and b) the defendant was no more than three years older than the enrolled individual and they had a preexisting relationship – one that began before the defendant’s employment at the school.
Interestingly, Article 62.001(5) of the Code of Criminal Procedure[2] does not list “improper relationship between educator and student” as a reportable conviction or adjudication, meaning those convicted under this section would not be required to register as a sex offender.
The Improper Relationship Law Applies Widely in Texas
It’s important to note that this law applies to any employee of a public or private secondary or primary school having a relationship with any student of that school or school district. The law also does not require that the student be enrolled in that specific teacher’s class. In fact, they don’t even have to be attending the same school campus as the law encompasses any employee and any student in the same school or district. The law also applies to an educator having an improper relationship with a student who is a participant in any activity sponsored by the educator’s school or school district.
Can an Educator be in Violation of this Law if the Conduct Occurs Outside of Normal School Hours?
The improper relationship law does not require that the conduct occur during school hours. An improper relationship between an educator and student can occur anytime between a student and educator as long as each actor is an active and current student or educator.
Does the Improper Relationship Have to Take Place on Campus?
An improper relationship between an educator and student can take place anywhere in Texas. It’s not necessary that the prohibited acts occur on school or school district property or even in the county in which the school district is situated. However, the place of the alleged offense will dictate the jurisdiction of the court.
What if a Student is an Adult under Texas law and is Consenting to the Relationship?
This is the most common situation that lands Texas educators in serious trouble. The law is clear as to the fact that regardless of a student’s age and consent, a sexual relationship between an educator and student at a primary or secondary school is prohibited. It does not matter whether the student is 16, 17, or 18 years old. The gravamen of the offense is the relationship between the parties as student and educator.
Are College Professors Subject To This Law?
Because this law only prohibits relationships between students and educators in secondary and primary schools, it does not apply to post-secondary school relationships. Colleges and Universities typically have their own internal rules prohibiting these types of relationships, but this type of relationship is not a criminal offense in Texas.
In general, under the Texas Penal Code, any improper relationship between a student and a teacher at a secondary or primary school could to an arrest for a second-degree felony.
Disciplinary Actions Taken Against Texas Educators
The State Board for Educator Certification (SBEC) reserves the right to take disciplinary actions against educators, including revocation, restriction, or suspension on their certification. The SBEC takes disciplinary action for a variety of reasons, including convictions for crimes directly relating to someone’s duties as an educator. Rest assured though that a conviction for this offense will undoubtedly result in the loss of your ability to teach in the state of Texas and probably every other state. The allegation alone may also be quite detrimental if it is not attacked aggressively by an experienced Frisco Sex Crimes Defense Lawyer in Collin, Dallas, and Surrounding Counties.
Criminal Penalties for Sec. 21.12 Violations
According to the Texas Penal Code, improper relationship between educator and student is a felony of the second degree. Sec. 12.33 of the penal code further explains that second-degree felonies are punishable by imprisonment for a term of up to 20 years but not less than two years. A fine of up to $10,000 could also be imposed.
CONSULT AN Improper Teacher Student Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a sex crime such as Improper Educator Student Relationship in Frisco, Texas and within Collin, Dallas, Denton and surrounding counties, you need an experienced Sex Crimes Lawyer who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Sex Crimes Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Collin & Denton County Sex Crimes Defense Lawyers at Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Sex Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
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Accused a Sex Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law our Sex Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Assault matter.
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Texas Penal Code 21.12: Improper Relationship Between Educator and Student Statute
Sec. 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:
(1) engages in 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;
(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:
(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or
(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or
(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), 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:
(1) the actor was the spouse of the enrolled person at the time of the offense; or
(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor’s employment at a public or private primary or secondary school.
(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.
(d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to:
(1) report the accusation:
(A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or
(B) to the school’s members or community in accordance with the school’s policies or procedures or with the religious law observed by the school; or
(2) conduct an investigation of the accusation.
(e) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of:
(A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or
(B) a student participant described by Subsection (a)(2)(B); or
(2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee.
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