Convicted Of Improper Relationship With A Student, But Not A Sex Offender - KLTV.com - Tyler, Longview, Jacksonville |ETX News

8/30/07-Tyler

Convicted Of Improper Relationship With A Student, But Not A Sex Offender

Even though she's guilty of having an improper relationship with a student, right now, Jennifer Bagley is not considered a sex offender.

Under current Texas Law, an improper relationship conviction does not require a defendant to register as a sex offender.

Bagley's victim was only 15 years old at the time of the incident, two years below the age of consent in Texas. 

But Bagley's days in court are far from over.

"If they try her and convict her for sexual assault, she's on the list," said Robert Perkins, a criminal attorney and former assistant district attorney. 

That sexual assault trial is currently pending. 

If Bagley is not convicted of sexual assault and is not forced to register as a sex offender, other communities may not be able to easily find out about her criminal history.

It is a legal technicality that has some worried about the safety of their neighborhoods and their schools. 

"I think it's horrible," said Von Striker, a resident of Smith County.  "I think people should know. 

Another resident, Beth Andersen, feels it's only right for people to know, "Especially if they've got small children," she said.

Tyler Independent School District says it has a system in place to make sure their students are as safe as possible. 

"When a person is interested in a position, we run a background check," said Angela Jenkins, the district's director of communications.  "So if they are found guilty of any charge through the department of public safety, that shows up on their criminal record."

And it appears parents will have to continue to rely on the efforts of school districts to safeguard their children from repeat offenders of "improper relationship".

The law does not appear to be slated for change. 

Layron Livingston, KLTV 7 News. llivingston@kltv.com 

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