Teachers Can Face Sex Charges Even if Student Is a Legal Adult

Stories of teachers engaging in sexual contact with their underage students attract media attention and can result in long prison sentences. There is no question about the illegality of this behavior. However, people might not be aware that Texas also criminalizes certain relationships of this type even if the student has reached the age of legal adulthood. 

Texas has enacted Penal Code 21.12, a law designed to prevent and punish inappropriate relationships between educators and their students. This law prohibits any school employee from engaging in sexual contact, intercourse or any other sexual conduct with a student enrolled at the same school. It covers a broad range of individuals, including teachers, administrators, counselors, coaches and any other employees working within the school system.

The charge of Improper Relationship With a Student is a second-degree felony that can punished by between two and 20 years in prison, and a maximum $10,000 fine. Conviction also means inclusion within the state’s sex offender registry. As the law’s purpose is to stop teachers and other school employees from exploiting their power, the fact that the alleged victim has reached the state’s age of consent (17) or legal adulthood (18), is not a defense. 

There are two affirmative defenses listed in the statute. One exists when the educator was the spouse of the student at the time of the offense. The other involves relationships that began before the educator’s employment at the school and where the age difference between teacher and student is no more than three years.

If you are facing charges under Penal Code 21.12 or any other sex crime, even if the alleged victim was an adult, it’s essential to seek legal representation immediately. An experienced criminal defense attorney can help you understand the allegations, explore potential defenses and guide you through the legal process in pursuit of the best possible outcome.

At Kevin L. Collins, P.C. in San Antonio, you will be represented by a Board-certified Texas criminal law attorney who is dedicated to safeguarding the fundamental rights of individuals accused of sex crimes and other offenses. Please call +12102239480 or contact us online for a consultation. 

By Kevin L. Collins | Published September 1, 2024 | Posted in Criminal Case, Criminal Law, Sex crime, Sexting And Child Pornography | Tagged Legal Adult, Sex Charges, sex crime