Lubbock, TX asked in Criminal Law and Civil Rights for Texas

Q: Is a private home a "building" and video conference, etc. with teacher a "school sponsored activity"? TexasPC 46.03

In reference to Texas Penal Code 46.03(a)(1). With pubic schools utilizing "homeschooling" due to COVID-19, would your home be considered a "building" and are there any activities (e.g. video conference with teachers and fellow students, daily instruction for a 1st grader, mandatory tennis practice for a 7th grader) that would fall in line with "any grounds or building on which an activity sponsored by a school or educational institution is being conducted"? The law as written does not appear to have anticipated what happens when daily school activities get moved into your home.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Ha ha, NO! What about homework? I don't mean to imply that an aggressive cop won't make an arrest. Cops do stupid things all the time. But any decent prosecutor should refuse that sort of case and, if they didn't, any decent criminal defense attorney would probably destroy it. If we want to play that game I suppose the residents could provide their own 'written authorization' pursuant to 46.03(a)(1)(A).

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