San Antonio Improper Student / Teacher Relationship Attorneys 

Under Texas Penal Code Section 21.12(a)(3), the crime of Improper Relationship Between Educator and Student is also charged as a second-degree felony. The elements of the crime include:

• The defendant is an employee of a public or private primary or secondary school;
• The defendant is 17 years of age or older;
• The defendant knowingly solicits a minor to meet another person, including the actor;
• By either:
  • Intentionally communicates in a sexually explicit manner with a minor;
  • Distributes sexually explicit material to a minor;
• The act is committed:
  • Over the Internet;
  • By electronic mail;
  • By text message;
  • By other electronic message services or systems;
  • Through a commercial online service,
• With intent to arouse or gratify the sexual desire of any person the employee;
• With the intent that the minor will engage in sexual contact; sexual intercourse; or deviate from sexual intercourse with the actor or another person.
• The defendant 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;
• With a student participating 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 the employee provides educational services to those participants regardless of the age of that person.

Definitions For The Improper Student / Teacher Relationship Statute

For purpose of the Texas statute prohibiting an improper relationship between a student and a teacher, the term “minor” means:

• An individual who represents himself or herself to be younger than 17 years of age; or
• An individual whom the actor believes to be younger than 17 years of age.

“Sexually explicit” means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct that includes sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

The definition of sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person. The definition of “sexual intercourse” means any penetration of the female sex organ by the male sex organ.

The definition of deviate sexual intercourse” means any contact between any part of the genitals of one person and the mouth or anus of another person.

Affirmative Defense For Spouses

Under Penal Code, Sec. 21.12(b-1), it is an affirmative defense to prosecution for this offense that the defendant was the spouse of the child at the time of the offense. The burden of proof regarding this affirmative defense rests upon the defendant, and to establish the such defense, the defendant must prove it by a preponderance of the evidence. The term “preponderance of the evidence” means the greater weight and degree of credible evidence admitted in this case.