Improper Relationship Between Educator and Student

The offense of an improper relationship between educators and students usually applies to conduct between teachers and their students, regardless of their age. The law applies to teachers, administrators, coaches, bus drivers, or any other adults who work for a public or private primary or secondary school. Texas Penal Code Section 21.12 states that it is a felony for any school employee to engage in sexual contact with a student enrolled at that school.

The law defines “sexual contact” as touching of a child’s anus, breast, or genitals by an adult, as well as the adult touching their own body parts against a child’s body with the aim of arousing or satisfying the sexual desires of any person.

In a teacher-student relationship, “sexual contact” may look like:

• A teacher inappropriately touching a student’s genitals, anus, or breasts, either over or under clothing, with the intent of sexual arousal or gratification.
• A teacher coercing or encouraging a student to touch their own private parts.
• The teacher presses their body, such as their genitals or breasts, against the student in a suggestive or sexual manner.
• Any act, whether the teacher uses physical contact with the student to arouse or satisfy sexual desires, such as hugging, hand-holding, etc.

Potential Defenses for Improper Student-Educator Conduct

There are two affirmative defenses that apply to an improper student-educator relationship. These defenses include when the defendant is:

• The spouse of the person enrolled in the school
• No more than three years older than the student and had a pre-existing relationship with the defendant before the defendant was employed at the school

Successfully providing an affirmative defense can result in a dismissal or reduction of charges, but the burden of proof lies with the defendant to present compelling evidence in their favor.

What Are the Potential Penalties for Improper Relationship Between Educator and Student?

An improper relationship between educator and student is classified as a second-degree felony. The penalties include two to 20 years of imprisonment and fines of up to $10,000.

You Should Not Hesitate to Talk to an Attorney

Every day you wait to seek out legal counsel will only let the State further strengthen its case against you. It can become more difficult over time to build a winning defense, so it is crucial for you to talk to a lawyer as soon as possible after facing these accusations. The team at Barton & Associates, Attorneys at Law, PLLC, can help you in countless ways. We can:

• Investigate the evidence against you
• Negotiate with the prosecution on your behalf
• Argue for a dismissal of all charges
• Determine if the reporting witness has a reason to lie
• Develop a trial strategy
• Litigate your case in front of a jury

These are only a few of the ways our team is prepared to help you get the best possible outcome for your case. Reach out right away to learn more.

Learn More About Your Defense Options

A conviction in these cases can have a harmful impact on your reputation, career, and freedom, but an arrest does not guarantee a conviction. You have the right to defend yourself, and Barton & Associates, Attorneys at Law, PLLC, is here to help. Call today to get started.