This article describes what may be a good set of facts for testing the constitutionality of the Texas student-teacher-sex statute. The statute makes it a 3rd degree felony, punishable by 2-20 years in prison, plus sex-offender registration, for a teacher to have sex with a student regardless of the age of the student. Sex with a minor was always illegal, and also a felony. What this “improper relationship between educator and student” statute accomplished was to criminalize sex between what would otherwise be sex between consenting adults in Texas.
I can think of at least two constitutional issues to raise. First, is the level of punishment under the statute. I think that a third degree felony would seem excessive to most people. Second is the issue of the so-called “right to privacy”, which has typically come up in cases dealing with birth control and abortion. There may also be an issue of equal protection of the law, given the fact that the sex was only illegal in this case because it was between a teacher and a student, since 17 is the age of consent in Texas.