Improper Relationship Between an Educator and a Student in Texas

Texas and other states have laws explicitly addressing inappropriate relationships between educators and students. This is a serious criminal act and a conviction carries with it the possibility of imprisonment and monetary fines.

The following offers a brief explanation of the laws surrounding improper relationships between educators and students, the penalties for this crime, and possible defenses to the charge. If you would like more information regarding the legal aspects of improper relationships between educators and students in Texas, contact an experienced  criminal defense attorney.

What Is an Improper Relationship Between an Educator and a Student in Texas?

Texas defines an improper relationship between an educator and a student as any of the following:

• Engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with a student who is enrolled in at the same public or private primary or secondary school at which the alleged offender works
• Holding a certificate or permit issued by the State Board for Educator Certification or being required to be licensed by a state agency under the Texas Education Code and engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with a student known to be enrolled in a public primary or secondary school in the same school district as the school at which one works or 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 and providing education services to those participants
• Engaging in online solicitation of a minor with a student who is enrolled in at the same public or private primary or secondary school at which the one works, or a student known to be enrolled in a public primary or secondary school in the same school district as the school at which one works or 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.

This law applies to students of all ages in Texas. Even those of legal age of consent.

Penalties and Punishment for an Improper Relationship Between an Educator and a Student in Texas

An improper relationship between educator and student is a second-degree felony. It is punishable by up to twenty years in prison and a fine of up to $10,000.

Defenses to an Improper Educator and Student Relationship

Texas law permits two affirmative defenses to the charge of an improper educator and student relationship.

These are as follows:

• The educator was the spouse of the enrolled student at the time of the alleged offense
• The educator was not more than three years older than the enrolled student and, at the time of the offense, the educator and the enrolled student were in a relationship that began before the educator was hired by the public or private primary or secondary school

Professional Penalties for an Improper Relationship Between an Educator and a Student

Professional penalties for an improper relationship between an educator and a student include the revocation or suspension of a teacher’s license by the State Board for Educator Certification depending upon conviction of the crime.

Contact a Texas Criminal Defense Attorney for Help Today

If you were charged with improper relationship between an educator and a student in the San Antonio area, contact one of the experienced attorneys at HGC Law Firm PLLC, today. It is imperative we start working on your case right away to mitigate any adverse actions against you, your freedom, and your career.

HGC Law Firm PLLC, will uphold your legal rights and advise you as to the best possible legal route for resolving your case. Call our office today to schedule a no-obligation consultation with a skilled  attorney.