I have a case in which an in house IT employee of the school district had a illegal relationship (as defined by the statute) with a current student (17 yoa). He holds no type of certificate under education code. Does Penal Code 21.12 apply to this type of employee? Any help would be greatly appreciated.

code says "employee"

diregard. I didn't read the question properly.

21.12(a)(1) applies to any employee (certified or not) in a relationship with a student at the same school that they work at.

21.12(a)(2) applies to only employees with certifications in a relationship with a student in the same district that they work at.

So the first is broader to the employee but more restricted to the student, and the second is more restricted to the employee but broader to the student.

Thanks a million Andrea.

I have prosecuted both janitors and teachers/coaches under this statute