Tutor charged over lewd pictures
A 51-year-old Sharpstown High School math tutor is facing felony charges because a 17-year-old student texted him topless photos, authorities said on Wednesday.
The suspect, Aldo Leiva, appeared Wednesday in court, where a Harris County judge signed a nocontact order prohibiting the man from contacting the teenage girl.
Court records indicate that the two had a consensual sexual relationship and that the teen was 17 at the time, the legal age of consent, when they began dating last summer. Still, different laws that govern explicit photographs mean Leiva is facing up to 20 years in prison for lewd photos that the two exchanged with their smartphones.
Prosecutors said the case is important because it indicates a violation of trust in the relationship between educators and students.
“We entrust our educators with the care of all children, and that includes 17-year-olds,” said Assistant District Attorney Patrick Stayton. “It’s someone who was placed in a position to do a job, and that job did not include developing inappropriate relationships with students that were in his care.”
State District Judge Brad Hart signed the no-contact order Tuesday, but Leiva’s lawyer said he would try to get the restriction lifted because the two want to continue their relationship.
“She’s indicated to me that she wants to continue to have contact with him,” said attorney Gary Tabakman. “I would say that the aspects of this case are consensual, across the board.”
The teenage girl, who
declined to speak to reporters after the brief hearing, appeared to confer with the lawyer before leaving the courthouse.
Leiva was not a teacher at the west Houston high school but participated in a tutoring fellowship program where he met the young woman.
As their relationship progressed, according to court records, the two exchanged lewd photographs and text messages.
When the teen’s mother learned of the messages, she notified school personnel, and the messages were investigated by the Houston Independent School District Police Department.
The student identified Leiva as her math tutor and said they were dating. She said they held hands, kissed and went on dates, according to court records.
“The student seemed protective of (Leiva) and attempted to minimize their relationship, however she did admit to sending and receiving nude photos through an app on their phones,” said the arrest affidavit.
Leiva provided his cellphone for a search by law enforcement, and messages with references to sexual encounters were found, including some that implied the student and tutor would meet to have sexual relations as soon as school let out.
In one exchange, she told him she was taking a bath, and he asked for photos. She sent several, including at least two that showed her topless.
Because he allegedly “induced” her to send the photos, Levia is charged with sexual performance by a child. Because the photos were on his phone, he was also charged with possession of child pornography.
If convicted, he faces a maximum of 20 years in prison and would have to register as a sex offender for life.