Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 21. SEXUAL OFFENSES
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Tex. Penal Code § 21.12 (2026)

Improper Relationship Between Educator And Student

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Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (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.

(b) An offense under this section is a felony of the second degree.

(b-1) It is an affirmative defense to prosecution under this section that:

(1) the actor was the spouse of the enrolled person at the time of the offense; or

(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.

(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.

(d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to:

(1) report the accusation:

(A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or

(B) to the school's members or community in accordance with the school's policies or procedures or with the religious law observed by the school; or

(2) conduct an investigation of the accusation.

(e) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of:

(A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or

(B) a student participant described by Subsection (a)(2)(B); or

(2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee.

Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 631 (H.B. 246), Sec. 2, eff. September 1, 2021.

Notes of Decisions
Cited in 56 cases (14 in the last 5 years), 1983–2026 · leading case: Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017).
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Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017). · cites it 8× “See former TEX. PENAL CODE § 21.12(a)(1),(2) (West 2010).”
Toledo v. State, 519 S.W.3d 273 (Tex. App.—Houston [1st Dist.] 2017). · cites it 5× “OPINION Jane Bland, Justice This case presents challenges to the constitutionality of Texas Penal Code Section 21.12. The State charged Juan Sergio Car-reon Toledo with the offense of engaging in an improper relationship between an educator and a student, a second-degree felony.”
Ex parte Morales, 212 S.W.3d 483 (Tex. App.—Austin 2007). · cites it 8× “See Tex. Pen.Code Ann. § 21.12 (West Supp.2005).”
In re Shaw, 204 S.W.3d 9 (Tex. App.—Texarkana 2006). · cites it 3× “See Tex. Pen.Code Ann. § 21.12 (Vernon Supp.2006).”
Ramirez v. State, 557 S.W.3d 717 (Tex. App.—Corpus Christi 2018). · cites it 5× “XIV § 1 ; TEX. PENAL CODE ANN. § 21.12. She asserts that consensual sex should be included among rights of personal privacy that relate to the fundamental rights of marriage, procreation, contraception, family relationships, child rearing, and education.”
Mauro v. State, 221 S.W.3d 896 (Tex. App.—Beaumont 2007). · cites it 4× “Tex. Pen.Code Ann. § 21.12 (Vernon Supp. 2006) (emphasis added).”
State v. McKenzie-Adams, 915 A.2d 822 (Conn. 2007). “21, § 1111 (A) (8) (West 2002); Tex. Penal Code Ann. § 21.12 (Vernon Sup.”
Sutton v. State, 469 S.W.3d 607 (Tex. App.—Beaumont 2015). · cites it 5× “] ” Tex. Penal Code Ann. § 21.12 (a)(1) (West Supp.”
In re Shaw, 175 S.W.3d 901 (Tex. App.—Texarkana 2005). “Shaw is being prosecuted under Tex. Pen.Code Ann. § 21.12 (Vernon Supp.2004-2005).”
Starz v. State, 309 S.W.3d 110 (Tex. App.—Houston [1st Dist.] 2010). “Laws 1042 , 1042 (amended 2007) (current version at Tex. Penal Code Ann. § 21.12 (a) (Vernon Supp.”
Dornbusch v. State, 156 S.W.3d 859 (Tex. App.—Corpus Christi 2005). “See Tex. Pen.Code Ann. § 21.12 (Vernon Supp.2004-05).”
Parrish v. State, 485 S.W.3d 86 (Tex. App.—Houston [14th Dist.] 2015). · cites it 2× “See Tex. Penal Code § 21.12(1). Appellant contends that the State failed to present any evidence other than his extrajudicial statement tending to establish that the offense for which he was charged actually occurred.”
Show all 56 citing cases →
Tex. Penal Code § 21.12(1): 2 cases
Parrish v. State, 485 S.W.3d 86 (Tex. App.—Houston [14th Dist.] 2015). “See Tex. Penal Code § 21.12(1). Appellant contends that the State failed to present any evidence other than his extrajudicial statement tending to establish that the offense for which he was charged actually occurred.”
DeSergio Geterus Parrish v. State, No. 14-14-00828-CR (Tex. Dec. 8, 2015).
Tex. Penal Code § 21.12(a): 10 cases
Ex parte Morales, 212 S.W.3d 483 (Tex. App.—Austin 2007). “See Tex. Pen.Code Ann. § 21.12 (West Supp.2005).”
Christopher Miranda v. State, No. 08-15-00349-CR (Tex. App.—El Paso Nov. 9, 2018).
Taureaus Alvaro Maxwell v. State of Texas, No. 06-24-00163-CR (Tex. App.—Texarkana July 14, 2025).
Taureaus Alvaro Maxwell v. State of Texas, No. 06-24-00160-CR (Tex. App.—Texarkana July 14, 2025).
Taureaus Alvaro Maxwell v. State of Texas, No. 06-24-00162-CR (Tex. App.—Texarkana July 14, 2025).
Tex. Penal Code § 21.12(a)(1): 8 cases
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017). “See former TEX. PENAL CODE § 21.12(a)(1),(2) (West 2010).”
Ramirez v. State, 557 S.W.3d 717 (Tex. App.—Corpus Christi 2018). “XIV § 1 ; TEX. PENAL CODE ANN. § 21.12. She asserts that consensual sex should be included among rights of personal privacy that relate to the fundamental rights of marriage, procreation, contraception, family relationships, child rearing, and education.”
Brian Ortiz v. Montgomery Cnty., No. 18-20323 (5th Cir. Aug. 13, 2019).
Thomas Rucker v. State of Texas, No. 07-20-00128-CR (Tex. App.—Amarillo Aug. 25, 2021).
Taureaus Alvaro Maxwell v. State of Texas, No. 06-24-00156-CR (Tex. App.—Texarkana July 14, 2025).
Tex. Penal Code § 21.12(a)(2): 2 cases
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017). “See former TEX. PENAL CODE § 21.12(a)(1),(2) (West 2010).”
Sutton, Christopher Lee, 499 S.W.3d 434 (Tex. Crim. App. 2016).
Tex. Penal Code § 21.12(a)(3): 1 case
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017). “See former TEX. PENAL CODE § 21.12(a)(1),(2) (West 2010).”
Tex. Penal Code § 21.12(a)(l): 1 case
In re the Expunction of D.W.H., 458 S.W.3d 99 (Tex. App.—El Paso 2014).
Tex. Penal Code § 21.12(c): 5 cases
In re Shaw, 204 S.W.3d 9 (Tex. App.—Texarkana 2006). “See Tex. Pen.Code Ann. § 21.12 (Vernon Supp.2006).”
Mauro v. State, 221 S.W.3d 896 (Tex. App.—Beaumont 2007). “Tex. Pen.Code Ann. § 21.12 (Vernon Supp. 2006) (emphasis added).”
David Alan Van Houten v. State of Texas, No. 11-07-00265-CR (Tex. App.—Eastland Feb. 26, 2009).
Ray Edward Brookins v. State, No. 08-10-00243-CR (Tex. App.—El Paso Dec. 14, 2011).
Ray Edward Brookins v. State, No. 08-10-00243-CR (Tex. App.—El Paso Dec. 14, 2011).
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