Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Improper Relationship Between Educator and Student

Improper Relationship Between Educator and Student

Chapter 21 of the Texas Penal Code sets restrictions and guidelines regarding sexually based offenses in the state of Texas.

“Improper Relationship Between Educator and Student”, as per § 21.12 of the Texas Penal Code, occurs when an employee of a public or private primary or secondary school:

  • 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;

  • holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:

    • enrolled in a public or private primary or secondary school

    • 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

    • engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.

An offense under this section is a second degree felony and is punishable by a term of imprisonment ranging from 2-20 years, as well as a fine of up to $10,000.

Severity of Crime

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000