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Educator And Student

Attorneys for Improper Student / Teacher Relationships in San Antonio, TX

Under Texas Penal Code Section 21.12 prohibits an improper relationship between a school employee and student. Improper relationship including engaging in sexual contact, communicating in sexually explicit manner, distributing sexually explicit material to a student, and soliciting a student to engage in sexual contact. Crimes for an improper relationship between and educator and student is charged as a second-degree felony.

Don Flanary represents teachers and certified educators charged under Texas Penal Code Section 21.12 with having an improper relationship with a student in San Antonio and Bexar County, TX, and the surrounding counties including Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.

Educator and Student Offenses

Over the past few years, more teachers have been investigated for having an improper relationship with a student. In fact, the Texas Education Agency recently reported that it investigated 188 improper relationships in 2015. Although teachers are often investigated for this offense, other employees at the school also fall under the statute including a security guard, school resource officer, janitor, or a superintendent.

False allegations are common. School administrators are required to report many of these incidents to law enforcement officers and Child Protective Services. Teachers have the right to be represented by an attorney, upon request, during the investigatory interview when the employee reasonably believes the interview may result in disciplinary action. Many districts in the greater San Antonio area automatically place the teacher or school employee on administrative leave pending the investigation.

After a criminal investigation begins, it is important for the teacher to immediately retain a criminal defense attorney. Anything you say to a law enforcement officers or school employee can be used against you in a criminal prosecution. Never make a statement about the facts of the case until after you have spoken to an experienced criminal defense attorney.

Call (210) 899-7566 today to discuss your case during a free and confidential consultation.

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Texas Penal Code Section 21.12 – Improper Relationships Between A Teacher And Student

Many of these relationships begin in the classroom but evolve in an improper way through online communications by text, social media, or email. The crime of Improper Relationship Between Educator and Student is charged under Texas Penal Code Section 21.12(a)(2). The elements of the crime include:

  • The defendant is an employee of a public or private school;
  • The school is a primary or secondary school;
  • The defendant knowingly solicits a person who is enrolled at the public or private primary or school at which the employee works and who is not the employees spouse to meet another person, including the employee;
  • With the intent that the student will engage in sexual contact, sexual intercourse, or deviate from sexual intercourse with the employee or the other person;
  • If the employee makes the solicitation over the Internet, by electronic mail, by text message, or by electronic message service or system, through a specific service or system, or through a commercial online service.

Texas law provides that it is not generally a defense to prosecution for the offense of improper relationship between educator and student that, with regards to the online solicitation of the student:

  • The meeting did not occur;
  • The employee did not intend for the meeting to occur; or
  • The employee was engaged in a fantasy at the time of the commission of the offense.
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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Finding A Lawyer For Improper Student / Teacher Relationships

If you were charged with having an improper relationship with a student, then immediately contact an experienced criminal defense attorney to represent you against this type of sex crime in San Antonio, TX. Don Flanary is familiar with how these cases are prosecuted in San Antonio and Bexar County and the surrounding counties.

Call (210) 899-7566 today for a free and confidential consultation.

Additional Resources

Improper Student Relationships – Visit the website of the United Educators Association, Inc., to learn more about what is meant by an “improper relationship” with a student. The UEA protects its members from false charges by providing up to $15,000 in legal protection for criminally-related charges. The UEA recommends getting help from an attorney before answering questions or placing anything in writing. The UEA also recommends that if the allegation is of a criminal nature, or if police are involved, then demand that your attorney be present during the questioning and don't make any statements without your attorney being present.

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