Sec. 21.12.  IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.  (a)  An employee of a public or private primary or secondary school commits an offense if the employee:
(1)  engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;
(2)  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, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:
(A)  enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or
(B)  a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if  students enrolled in a public or private primary or secondary school are the primary participants in the activity; or
(3)  engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.
(b)  An offense under this section is a felony of the second degree.
(b-1)  It is an affirmative defense to prosecution under this section that:
(1)  the actor was the spouse of the enrolled person at the time of the offense; or
(2)  the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.
(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(d)  The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.
(d-1)  Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense.  The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to:
(1)  report the accusation:
(A)  to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or
(B)  to the school's members or community in accordance with the school's policies or procedures or with the religious law observed by the school; or
(2)  conduct an investigation of the accusation.
(e)  In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1)  any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of:
(A)  an enrolled person described by Subsection (a)(1) or (a)(2)(A); or
(B)  a student participant described by Subsection (a)(2)(B); or
(2)  any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee.
Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 631 (H.B. 246), Sec. 2, eff. September 1, 2021.