Inappropriate Teacher Student Relationships in Texas

In addition to their duties as educators, teachers are often seen as mentors for teenagers. The relationship of students and teachers can be complex as students become closer in age to teachers. Allegations of misconduct with underage students are likely to ruin your life whether or not you are convicted. If you have been accused of sexual misconduct with a student, call The Law Offices of Ned Barnett at (713) 222-6767 to learn more about your rights.

Sexual Misconduct with Underage Students

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.

Penalties For Inappropriate Teacher Student Relationships

Improper relations between a teacher 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 collateral consequences, including:

• A permanent criminal record
• Loss of a teaching license
• Requirement to register as a sex offender
• Loss of the right to own a firearm
• Loss of the right to vote
• Loss of child custody or visitation
• Difficulty finding future employment
• Denial of a visa, permanent residency, citizenship, or deportation

Controversy Regarding the Law

Many people believe the Texas law regarding improper behavior between a school employee or teacher and a student is to too easily abused. For instance, an 18-year-old student can meet and engage in a relationship with a 23-year-old teacher at another school. If the student is enrolled in a school within the same district as the teacher, the teacher can be charged under Texas law and lose his or her teaching license. However, if the student and teacher were in separate districts, no law would be violated.

The purpose of the law is to punish abuse of power, such as a teacher trading higher grades for sexual favors. In reality, it can often be used to punish individuals in consenting relationships. In addition to statutory penalties, stigma surrounding a teacher-student relationship – even when both participants are at least 18 years old – may never go away. This type of charge and conviction can ruin familial relationships and push away friends, leaving the defendant without support.

Even when teachers or school employees are found innocent under the law, they’ve likely already resigned amid scandal, and their educational careers are over.

Defending Accusations of Sexual Misconduct

If you’ve been charged with having an improper relationship with a student in your district, contact Houston child sex crimes defense attorney Ned Barnett right away. The penalties for this crime are severe, and you deserve to have someone on your side, striving to prove your innocence. Barnett has decades of experiencing as a former prosecutor and sex crimes attorney in Texas.

There are numerous ways to defend yourself against improper conduct with a student and other child sex crimes, including affirmative offenses described by Texas law. Two affirmative defenses to sexual misconduct with an underage student include:

• The offender was married to the enrollee at the time, or
• The offender was no more than three years older than the enrollee at the time of the offense and the offender and enrollee were in a relationship prior to the offender becoming employed at the school.

Your best defense is an attorney like Ned Barnett who believes in protecting your rights. Call The Law Offices of Ned Barnett at (713) 222-6767 for a free consultation.