A school district police officer was indicted for the criminal offense of having an improper relationship between educator and student. The indictment alleged that he was an employee of the high school when he engaged in sexual contact with a student at the school. He was convicted and filed an appeal, arguing that he could not be convicted of the offense because he did not work at the school that the student attended.

The criminal offense of improper relationship between an educator and student states that an employee of a primary or secondary school commits an offense if the employee engages in sexual contact with “a person who is enrolled in a public or private primary or secondary school at which the employee works.”  In this case, the evidence at trial showed that the police officer was employed by the district police department, not the high school. He was not assigned to the high school or the feeder system in which the high school was located. His office was at the police department command center, not the high school.

The court of criminal appeals held that the police officer could not be convicted of an improper relationship between an educator and student. In doing so, the court noted that the statute contains a list of school district employees to whom it applies, and that police officers are not included on that list. Moreover, there was not sufficient evidence to support a finding that the police officer worked at the school that the student attended. The conviction was overturned.