Section 21.12 of the Penal Code criminalizes sexual contact, etc., between an employee of a school and an enrollee of the school "where the employee works..." Assume that a school employee who works at one school of a school district has consensual sexual contact with an enrollee of a DIFFERENT school but in the same district. Unless the enrollee is under 17, has a criminal offense been committed? The statute seems very specific but it astounds me that the legislature intended to let this type of conduct slide... Any ideas would be appreciated.

I have had 2 of these cases and have been told that I may have another. Both involve coaches who manipulate students.First trial ended in a probation and next trial with a previous victim who aborted his baby before the law proetected her may get some pen time. I've been told that it's covered up by the schools because they do not want to be sued by the ex employee for an allegation...they just don't renew his contract and he moves on and doesit again. Of courseall highschool girls think they are adults so it's a tough case.In both ofmy cases the kids turned on the victim.Good luck!!

They are tough cases... But, I may have a situation where the suspect does not work at the particular school where the student attends school. It's the same district but a different school - jr. high vs. high school. I'm wondering if the statute covers such a situation. Of course, if the victim is under 17, I can go with sexual assault of a child. But if the victim is 17 or older, It doesn't appear that a crime has been committed if the suspect works at one school and the student attends another school even if they are in the same school district. The statute appears to be very "school specific." Any ideas?

The intent of the statute is to criminalize conduct that takes advantage of a mentor relationship at a school setting. The language of the statute is broader than that and includes any employee. However, the plain language of the statute limits coverage to an employee working at and a student attending the same school. Since the campuses are physically separate, neither the language of the statute nor the intent of the statute are met. You have no case.

I think you may be out of luck with the statute Mike, but don't give up. Martha is right - without follow up this guy or gal will just move on to a new school district and do it again. Talk to an attorney or investigator with the State Board for Educator Certification. They can open a case on the teacher and work on getting his/her teaching certificate revoked.

Mike, my recollection is that there was a LOT of debate about exactly how broadly to spread the net, and that the final language in the bill was a result not of any well-considered over-arching public policy, but of what could get passed. As is often the case. It's a crazy way to run a railroad, but there it is.