Ex-HS band instructor admits to sexual relationship with student, 15

FRESNO, Calif. -- A former Sunnyside High School band assistant is headed to jail for an illicit relationship with a student. But even though he's going to jail, he won't have to register as a sex offender.

Touxay Vang says he thought it was love, and he was making plans for their future together. But on Monday, handcuffs were snapped around Vang's wrists as a sheriff's deputy arrested the now-21-year-old who admitted having sex with one of the students he instructed at Sunnyside High School.

"I know it is my mistake for what happened, and I do take responsibility, but I did it only to keep her happy at the time," Vang told the court.

Vang is an accomplished percussionist and taught at Sunnyside for a few years. Prosecutors say he took advantage of that position during his yearlong relationship with a teenager.

"His defense (is that) in his mind, he fell in love," the prosecution said. "In reality, he was a 20-year-old preying on a 15-year-old high school student."

The judge agreed Vang violated his position of trust but decided not to force him to register as a sex offender for the rest of his life. He said the five-year age difference wasn't bad enough to block Vang from finding a productive new path for his life.

"I really did love her," Vang said. "I did have plans for the future. It really did break my heart when she told me about the other guy. Sorry, your honor."

Vang doesn't work for Fresno Unified anymore, but he did keep his license to work as a pharmacy technician, even though the attorney general's office tried to take it away.

He should finish his 120-day jail sentence in October.