At least once a year a case involving allegations of a sexual relationship between a teacher and student comes blaring across the metro section of the paper. Although the relationships are typically consensual, the teacher is prosecuted under a specific provision of the penal code prohibiting an Improper Relationship Between Educator & Student. It is important to note that the offense is neither limited to teachers nor limited to sexual contact; risqué text messages are enough:
- An employee of a public or private primary or secondary school commits an offense if:
- the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee’s spouse, or
- with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
- communicates in a sexually explicit manner with a minor; or
- distributes sexually explicit material to a minor, or
- the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
All three different acts could be prosecuted under separate statutes. For cases involving minors under 17, the educator could be prosecuted under the Aggravated Sexual Assault statute, the Indecency with a Child by Contact statute, or the Indecency with a Child by Exposure statute. For situations involving sexually explicit communications with a minor, the educator could also be prosecuted under the separate computer crime of online solicitation of a minor.
The only difference between this statute and the laws prohibiting otherwise consensual sexual contact is age. While the sexual assault statutes prohibit sexual contact for minors under 17, the student-teacher statute makes it a crime for consensual sexual contact involving students who are 17 years of age and older. Under the strict mandates of the statute, a person who is legally an adult cannot have sexual contact with their teacher or school administrator so long as he or she is enrolled in the same school. For those adults in night school with a crush on their teacher: you now have a reason they’re ignoring your advances.
Austin Criminal Defense Lawyer: The Charles Johnson Law Firm
Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of Improper Relationship Between Educator and Student may result in incarceration and the loss of your Teaching Certificate. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.
Related News Stories – Improper Relationship Between Educator and Student
“Currently,” Culbertson says, “for the ’15-’16 fiscal year, we had an all-time high of 222 cases opened regarding inappropriate relationships between a teacher and a student.” That’s up from 141 in 2009-2010, she says. Are the numbers of ...ktrh.iheart.com - Oct 04 2016
A Living Sky School Division educator found guilty of professional misconduct after “inappropriate communication ... was no evidence of a romantic or physical relationship between Vandale and the student, arguing the incident was a “lapse in judgement ...StarPhoenix - Oct 01 2016
And the TEA only investigates cases of inappropriate behavior between teachers and students in ... So is a high school teacher having a relationship with a 17 year old student, who would be considered over the age of consent for a usual relationship.woai.iheart.com - Sep 22 2016
... sexual assault of a child and improper relationship between an educator and student. Kaitlyn Granado, 24, a MacArthur High School teacher, was arrested in March and again in April of last year, accused of having improper relationships with two students.Star Telegram - Sep 22 2016
The Bibb County Sheriff's Department is investigating allegations of an improper relationship between a teacher and a student. Sheriff Keith Hannah confirmed the teacher is on paid administrative leave from West Blocton High School. No charges have been filed.wbrc.com - Oct 04 2016
From last September through the end of August, the TEA has conducted 222 investigations into allegations of inappropriate relationships which is defined as anything from a romantic flirtation to a full blown affair between a teacher and a student.KHOU - Sep 23 2016
That’s what the Texas Education Agency and state lawmakers are saying after a recent TEA report shows that improper relationships between Texas teachers and students hit an eight-year high. According to the Austin-American Statesman, TEA opened 222 of ...San Antonio Current - Sep 23 2016