Teacher Charged with Inappropriate Relationship with a Student

 Posted on May 07, 2025 in Criminal Defense

A South Texas teacher faces charges that include one count of an inappropriate relationship with a student and one count of indecency with a child involving sexual contact. Both of these criminal offenses are second-degree felonies.

The teacher worked for the Donna Independent School District in the Career Technical Education department. District officials say the teacher, who was released on $40,000 in cash/surety bonds, passed rigorous background checks but declined to provide further details.

If you are facing such serious charges in the state of Texas, it is important that you know the penalties for a conviction are extremely harsh. An experienced Plano, TX criminal defense lawyer is an essential first step in ensuring your rights and future are properly protected.

How Is an Improper Relationship with a Student Defined?

Increased methods of communication in today’s age of social media allow teachers and school employees to interact with their students outside the classroom. Most states prosecute inappropriate sexual relationships between students and school employees under statutory rape laws.

The state of Texas enacted a law in 2003 that made it a felony offense for a school employee to engage in sexual contact with a student. Unfortunately, in some cases, students may make false allegations of an inappropriate relationship with a teacher or school employee, which can result in criminal charges, the loss of employment, and damage to the teacher's or employee’s reputation.

Texas Penal Code Section 21.12 details what an improper relationship between a school employee and a student means.  The statute makes it illegal for a school employee to engage in any type of sexual contact or intercourse with a student who is enrolled at the same school where the school employee works.

A school employee may also not engage in online solicitation of a minor with a student enrolled at the same school or school district where the school employee works. The school employee is also prohibited from engaging in the online solicitation of a student participating in an educational activity sponsored by the school district or a public or private primary or secondary school.  

What Are the Penalties for Improper Relationship with a Student?

The improper relationship between a school employee and a student is a second-degree felony, punishable by up to 20 years in prison and/or a maximum fine of $10,000. The law applies to students of all ages, which means the school employee can be charged with this crime even if the student is 17 years old (the age of consent in Texas).

Because sex between consenting adults is not illegal, this law, criminalizing that behavior because of a teacher (or school employee)-student relationship, has been challenged. Adult citizens have a fundamental right to have sex with another consenting adult, and the improper relationship law violates this freedom of choice. Lawyers are currently working to amend the Texas statute to take into consideration students who have reached the age of consent.

Are There Defenses to the Crime of Improper Relationship with a Student?  

Each situation is different, and the defense for anyone charged with the crime of improper relationship with a student will depend on the facts and circumstances of the case. Some of the more common defenses include:

• The defendant is the spouse of the student.
• The defendant is no more than three years older than the student, and the defendant and the student had been in a relationship before the defendant was hired by the school district.
• The student’s allegations are false.
• There were procedural errors or constitutional violations during the defendant’s arrest and interrogation.

Contact a Collin County, TX Crimes Against Children Lawyer

If you are facing charges of inappropriate relationship with a student, or any other criminal offense against a child, speak to a Plano, TX crimes against children attorney from The Crowder Law Firm, P.C.. Attorney Crowder has extensive experience defending very serious crimes, including federal crimes and child sex crimes, and is extremely knowledgeable and aggressive, securing more than 300 not-guilty verdicts and acquittals for clients. To schedule a free consultation, call 214-544-0061.