This week, I thought you may be interested in learning about a fairly unique charge in Texas – an Improper Relationship between an Educator and Student.
Typically, the age of consent in Texas is seventeen years old. That means that a seventeen-year-old can consent to sexual activities with anyone who is an adult. However, that changes if the relationship is between a person who works for a school district and a child who attends the school district. Texas Penal Code section 21.12 prohibits an employee of a school district from engaging in any sort of sexual activity with a person who is enrolled in a public or private primary or secondary school at which the employee works. This prohibition applies to all sorts of employees of the school district, not just teachers.
A violation of this law is a second-degree felony. That means the punishment is between two and twenty years in the Texas Department of Criminal Justice and a fine of up to $10,000. The law also allows for the crime to be punished under multiple sections of the law. That means that if the conduct also breaks another law, the defendant could be charged with multiple crimes. For instance, if the student was under the age of seventeen, a teacher could potentially be charged with a violation of section 21.12 and with sexual assault of a child.
This, of course, only deals with the criminal aspect of this crime. A teacher (or other employee) who violates this law would also be subject to losing their teaching certificate and a host of other penalties to prevent them from working in a school environment again.
I hope this article has been interesting for you. As always, I am available for questions or comments at daoffice@milamcounty. net.
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