Talk to a McKinney Sex Crimes Lawyer Who Defends Educators

An improper relationship charge under Texas Penal Code § 21.12 accuses a school employee of sexual contact, sexual intercourse or deviate sexual intercourse with a covered student. The offense is a second-degree felony, and the State must prove every element. This page explains those elements, the job and licensing issues that often run beside the criminal case, and what a McKinney sex crimes lawyer reviews first. It is written for educators and school staff in McKinney, Prosper, Plano, Allen and across Collin County.

What Is an Improper Relationship Charge in Texas?

An improper relationship charge is a criminal accusation that a school employee had a prohibited sexual relationship with a student. The employee works at a public or private primary or secondary school, and the student is enrolled there or in a covered setting.

The law also reaches staff who hold certain positions described in the Education Code. It applies even when the person lacks a certificate or license.

A charge is an accusation, not a finding of guilt. The facts decide the case, and every part of the charge stays open to review.

The Elements the State Must Prove

Each element is a separate point the defense can test.

Position, Enrollment and Online Contact

• Same school: the student is enrolled at the school where the employee works, under § 21.12(a)(1).
• Other schools and activities: under Texas Penal Code § 21.12, the employee holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position. The employee knows the student is enrolled elsewhere or takes part in a school-sponsored activity, under § 21.12(a)(2).
• Online contact: under Texas Penal Code § 21.12, an employee who engages in conduct described by Section 33.021 with a person described in the statute is covered regardless of that person’s age.

Age and Defenses

One defense applies if the employee was the student’s spouse at the time. The other applies if the employee was not more than three years older and the relationship began before the employment started. These defenses turn on dates and facts, so they need early review.

The Conduct

The State must prove sexual contact, sexual intercourse or deviate sexual intercourse as the law defines them. For this offense, sexual contact means specific touching done with intent to arouse or gratify sexual desire, under § 21.12(e). The general definition in Penal Code § 21.01 does not reach conduct governed by § 21.12.

We test each element against the police report, interview recordings, messages and phone data. Careful review matters because false accusations are a recognized cause of wrongful conviction, according to the National Registry of Exonerations.

How the Criminal Case and Your Job Can Overlap

Your criminal case and your job questions can move at different speeds. Each needs its own plan. Decisions about your position, leave and duties are made by the school district and other agencies, not by the criminal court. Ask early what the district has told you in writing.

Penal Code § 21.12(d) provides that the name of a student with whom an educator is alleged to have engaged in the prohibited conduct may not be released to the public and is not public information under Chapter 552, Government Code.

Think before you give a written or recorded statement to a school investigator or colleague. Talk with a lawyer first, because an early answer can be hard to correct later.

What to Expect: The Defense Process Step by Step

The process starts with a review of the charge and every notice you received. Then it moves to evidence and strategy. Timelines vary by case, and no lawyer can say how long yours will take.

1. 1. Initial consultation. We review the charge, the timeline and any letters or notices you have received.
2. Communication rules. We explain what to say, and what not to say, to administrators, investigators and colleagues.
3. Evidence review. We review police reports, interview recordings, messages, phone data and any school records the State has obtained.
4. Separate deadlines. Employment and licensing matters have their own timelines, apart from the criminal case. We map them so nothing is missed.
5. Strategy and options. We explain your options, including how the case may move through court settings and any negotiations.

Why Barbieri Law Firm for an Educator’s Sex Crimes Case

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends professionals accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth and Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, is the founding attorney. Her criminal defense work covers:

• sex crimes and child sex crimes
• online sex crimes
• aggravated sexual assault
• aggravated assault and family violence

The firm keeps a file that supports its factual statements on this site, and it will share that file on request.

No lawyer can promise an outcome. What the firm can do is review the evidence, explain your options and answer your questions honestly.

Frequently Asked Questions

Talk With a McKinney Sex Crimes Lawyer About Your Situation

You do not have to sort out the criminal case and your job alone. Call (972) 424-1902 or send your case details through our contact form to schedule a free consultation.

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.