We are considering a case in which an employee of a Court Residential Treatment Center (CRTC) engaged in a sexual relationship with a resident. The question we have is whether it is a violation of Tex. Pen. Code 39.04 for the employee to have sex with the resident if they did it somewhere other than the center, say at the employee's or resident's home while the resident was legitimately away from the center. Any thoughts?

Looking at 39.04(f) might present a clue as to the answer. That subsection seems to anticipate situations in which the victim is not in custody and only under supervision (e.g., on parole) by the defendant/employee.

Unfortunately, that subsection is limited to employees of TDCJ. So, is a person working for a CSCD an employee of TDCJ?