Charged with an Improper Student / Teacher Relationship?
Houston Sex Crime Attorneys Can Protect Your Name & Reputation
A charge for violating Sec. 21.12 of the Texas Penal Code not only has
serious criminal consequences, but a number of collateral consequences
as well. Accused individuals not only face prison time, but they could
have difficulty gaining employment in the future, for example.
sex crime charges such as this, you need an advocate who is experienced and completely
committed to you. That is precisely what you will find at The Law Offices
of Jed Silverman.
Texas Penal Code Sec. 21.12 “Improper Relationship Between Educator
Texas law states that any school employee who engages in sexual conduct
with a person enrolled at that school has committed a
felony of the second degree. The statute provides two affirmative defenses to
prosecution under Sec. 21.12: a) the defendant was the spouse of the individual enrolled at the school,
and b) the defendant was no more than three years older than the enrolled
individual and they had a preexisting relationship – one that began
before the defendant’s employment at the school.
Article 62.001(5) of the Code of Criminal Procedure does not list “improper relationship between educator and student”
as a reportable conviction or adjudication, meaning those convicted under
this section would not be required to register as a sex offender.
Disciplinary Actions Taken Against Texas Educators
The State Board for Educator Certification (SBEC) reserves the right to take disciplinary actions against educators, including
revocation, restriction, or suspension on their certification. The SBEC
takes disciplinary action for a variety of reasons, including convictions
for crimes directly relating to someone’s duties as an educator.
These types of crimes include:
- Crimes involving moral turpitude
- Crimes involving sexual or physical abuse of a student
- Crimes occurring on school property
Criminal Penalties for Sec. 21.12 Violations
According to the Texas Penal Code, improper relationship between educator
and student is a felony of the second degree. Sec. 12.33 of the penal code further explains that second-degree felonies are punishable by imprisonment
for a term of up to 20 years but not less than two years. A fine of up
to $10,000 could also be imposed.
Work with a Skilled Sex Crime Lawyer in Houston
Attorney Jed Silverman is a skilled trial lawyer with a history of
successful case results and
satisfied clients to his credit. No matter how serious your charges or how complex your
case may seem, Mr. Silverman is prepared to offer you the zealous defense
you need to potentially have your charges reduced or dropped. Backed by
more than 15 years of experience, Mr. Silverman has been included in
Texas Super Lawyers® magazine from 2006 - 2014. To learn more about how our firm can assist
you with your case, please
contact us today.