(a) An employee of a public or private primary or secondary school commits an offense if the employee 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 and who is not the employee’s spouse.

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

(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.

  • Woody

    What if a 19 year old k4 teacher went to dinner with 18 year old senior at the same school but had no “sexual contact”?!!! penal code 21.12 is not clear.

  • Alex

    If it is illegal for consenting adults, over 18, to have sex where one is a student- then if we want to protect the students it should be illegal for EVERYONE to have sex with them. Why single out the teachers? Many of those students are having every kind of sex; with multiple partners, gay or straight, group, casual sex- and no one talks of prosecuting them or anyone of their partners- so it isn’t the sex we seem to object to. Singling out the teachers seems like a violation of their Equal Protection rights.