Texas Penal Code § 21.12 is a second-degree felony — 2 to 20 years TDCJ — that criminalizes sexual contact between an employee of a primary or secondary school and a student at the school. The statute applies even when the student is over 17 and would otherwise be of consent age. Educators face simultaneous criminal charges, TEA/SBEC complaints, and lifetime career consequences.
Section 21.12 was enacted to address a gap in Texas law: when both parties are over 17, the underlying conduct is not sexual assault — but the relationship of trust and authority between educator and student creates a compelling public-policy reason to criminalize it. Defense of these cases requires coordination across criminal, administrative, and licensing tracks.
The Statute
Section 21.12(a) makes it a second-degree felony for an employee of a public or private primary or secondary school to engage in:
- Sexual contact (as defined in § 21.11(c));
- Sexual intercourse;
- Deviate sexual intercourse;
...with a person enrolled in the same school where the actor is employed and not the actor's spouse, regardless of the student's age.
Section 21.12(c) extends the offense to engagement in online or electronic communication (sexting, sexual photographs) of a sexual nature with the same student.
Affirmative Defense
Section 21.12(b) provides an affirmative defense if:
- The actor was the spouse of the enrolled student at the time of the offense; or
- The actor was not more than three years older than the student and engaged in conduct that did not violate any other section of the Penal Code.
The narrow Romeo and Juliet defense applies only when both parties are arguably classmates (e.g., a 19-year-old student-teacher and an 18-year-old senior). It does not apply to typical teacher-student relationships.
Who Is Covered: "Employee" Defined
"Employee" under § 21.12 includes:
- Teachers (full-time, part-time, substitute, student teachers);
- Coaches, athletic trainers;
- Counselors and school psychologists;
- Administrators and school resource officers;
- Cafeteria, custodial, and bus driver staff;
- Volunteers — under Lopez v. State, 253 S.W.3d 680 (Tex. Crim. App. 2008);
- Contractors providing regular services to the school.
The "same school" requirement means the educator must be employed at the school the student attends. Cross-district cases may be charged under § 22.011 if the student is under 17 — otherwise no offense.
Penalties and Collateral Consequences
- Second-degree felony: 2 to 20 years TDCJ, fine up to $10,000;
- Lifetime sex offender registration under Article 62.001(5);
- Mandatory revocation of teaching certificate by the State Board for Educator Certification (SBEC);
- Permanent inclusion in the Do-Not-Hire registry under Texas Education Code § 22.092;
- Federal immigration consequences for non-citizens (aggravated felony);
- Civil liability for the school district under Title IX and state tort law.
Parallel TEA/SBEC Investigation
Every § 21.12 case generates a simultaneous SBEC investigation. The administrative case proceeds independently of the criminal case and uses a lower preponderance-of-the-evidence standard. Outcomes include:
- Suspension of the educator's teaching certificate pending investigation;
- Voluntary surrender of certificate;
- Permanent revocation;
- Reporting to the National Association of State Directors of Teacher Education and Certification (NASDTEC) — limiting reciprocity in other states.
See our TEA/SBEC defense practice page for parallel administrative defense.
Defenses
- Not "same school" — when the educator and student are at different campuses or schools;
- Not "employee" — when the actor is a parent volunteer, district contractor without regular contact, or otherwise outside the statutory definition;
- Not "enrolled" — when the student had been withdrawn or graduated at the time of the conduct;
- The affirmative defense in § 21.12(b);
- Recantation — particularly common when the relationship was consensual and the student later regrets the disclosure;
- Suppression of evidence — text messages, social media, and seized devices subject to Fourth Amendment review.
What to Do If You Are Under Investigation or Charged
- Do not speak with police or investigators without an attorney — even to "explain" or "clear things up." Anything you say can be used.
- Do not contact the complainant, the complainant's family, or witnesses — directly, through social media, or through third parties.
- Preserve digital evidence — text messages, dating-app conversations, location data, emails — but do not delete anything.
- Do not post on social media about the allegations, your relationship with the complainant, or anything related to the case.
- Contact L and L Law Group immediately at (214) 466-1398 — we answer 24/7.
Frequently Asked Questions
Is § 21.12 a felony if the student is over 17?
Yes — § 21.12 is a second-degree felony regardless of student age, as long as the student is enrolled at the same school where the actor is employed.
Does § 21.12 apply to college professors and college students?
No. The statute is limited to "primary or secondary school" employees. College and university relationships are generally not covered, though they may violate institutional policy and Title IX.
Will I lose my teaching certificate during the investigation?
Almost certainly. SBEC routinely suspends teaching certificates upon arrest or indictment. A separate TEA/SBEC defense is required to attempt to preserve the certificate.
Can § 21.12 charges be dismissed?
Yes — through suppression of evidence, recantation by the complainant, weaknesses in the State's "same school" or "employee" elements, or pre-indictment intervention. Many cases resolve without trial.
Is there a Romeo and Juliet defense to § 21.12?
A narrow one — when the educator was no more than three years older than the student and the conduct did not violate any other section of the Penal Code. Rarely applies to typical teacher-student relationships.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing sexual assault defense charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.