The Improper Relationship Between Educator and Student crime in the state of Texas gives police the right to arrest you if they believe you are an employee of a primary or secondary school and you engaged in either sexual contact with or the online solicitation of: a student at your school, a student in the same school district, or a student participating in an educational activity sponsored by a school.

The law was updated in 2017 with the passage of SB 7 in the 85th Texas Legislature, and then again in 2021 in HB 246 in the 87th Texas Legislature. The law was not updated by the legislature in 2023.

As described in more detail below, the law that covers offenses occurring prior to September 1, 2017, describes three different ways in which a school employee can be charged with this offense. Subsection (a)(1) prohibits sexual contact between employees and students where the employee works. Subsection (a)(2) prohibits sexual contact between members of the certified members of the “helping professions” licensed under Education Code Section 21.003(b) and students the person knows attend school in the same school district or particpates in school sponsored activities in the same school district or the person provides services to the student. Subsection (a)(3) prohibits school employees from engaging in Online Solicitation of a Minor under the same circumstances described by Subsections (a) and (b).

Improper Relationship Between Educator and Student is classified in the Texas Penal Code under Title 5 “Offenses Against The Person,” Chapter 21 “Sexual Offenses.”

The amendments passed in 2017 expand the coverage of subsection (a)(2) to include people who are uncertificated members of the helping professions, adds coverage to private schools, eliminates the requirement that the employee provide education services to participants in activities and that they are in the same school district. Learn more detailed information about these changes below.

What is the law in Texas about Improper Relationship Between Educator and Student?

The Texas Improper Relationship Between Educator and Student crime is described in Section 21.12 of the Texas Penal Code, and the current law is as follows:^[1]

(a) An employee of a public or private primary or secondary school commits an offense if the employee:

(1) 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;

(2) 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:

(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or

(B) 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; or

(3) 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.

The law was amended by the state legislature in both 2017 and 2021.^[2]

The old law, in effect until September 1, 2017 (and covering all offenses alleged to have occurred prior to that date), was as follows:

(a) An employee of a public or private primary or secondary school commits an offense if the employee:

(1) 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;

(2) holds a certificate or permit issued as provided by Subchapter B, Chapter 21, Education Code, or is a person who is required to be licensed by a state agency as provided by Section 21.003(b), Education Code, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:

(A) enrolled in a public primary or secondary school in the same school district as the school at which the employee works; or

(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if:

(i) students enrolled in a public or private primary or secondary school are the primary participants in the activity; and

(ii) the employee provides education services to those participants; or

(3) 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.

How can I be charged with Improper Relationship Between Educator and Student?

You can be charged with Improper Relationship Between Educator and Student if the state’s attorneys believe that each of the elements of either 21.12(a)(1), 21.12(a)(2), or 21.12(a)(3), as described in the section above have been met.

Each of those subdivions (a)(1), (a)(2), and (a)(3), is a separate way in which you can be charged with this crime.

What age differences are prohibited?

Subsection (b-1)(2) provides an affirmative defense that would allow you to avoid conviction if you can show that you were “not more than three years older” than the student, and at the time that the sexual activity took place, you and the student were in a relationship that began before your employment at the school.

What is the punishment for Improper Relationship Between Educator and Student?

A conviction for Improper Relationship Between Educator and Student is punished as a Felony of the Second Degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors

What changes were made in 2021?

In 2021, the legislature added a definition of sexual contact and prohibited schools from releasing the names of teachers accused of this offense unless and until they are indicted.^[4] These changes were codified in subsections (d-1) and (e).

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Legal References:

^1. Texas Penal Code §21.12^2. Penal Code §21.12(a), as amended by SB 7, 85th Texas Legislature, Section 1, effective September 1, 2017 (effective date provisions are in Sections 18 & 22). The bill that passed in 2021, HB 246, 87th Texas Legislature, Section 1, did not make any changes to subsection (a). The 2021 bill created a new definition for sexual contact for the purpose of this statute and prohibited schools from releasing the name of any accused employee until the employee has been indicted. These were added as subsections (d-1) and (e).^3. Texas Penal Code §21.12(b)

^4. HB 246, 87th Texas Legislature, Section 1