A three-judge panel of the Washington Court of Appeals on Tuesday ordered the dismissal of a case brought against Matthew Hirschfelder, a former choir teacher at Hoquiam High School who was accused of having a sexual relationship with an 18-year-old student in 2006, when he was 33.
Hirschfelder, who resigned in 2007, denied the relationship. But his lawyer challenged the charge against him, first-degree sexual misconduct with a minor, arguing that an 18-year-old is not a minor. The Court of Appeals heard the case after a lower-court judge refused to dismiss it.
With Tuesday's ruling, the appeals court unanimously agreed that the state law banning sex between teachers and students is "ambiguous," because 18-year-old students are not legally minors. The appeals court reversed the lower court's ruling and ordered it to dismiss the charges. - FOX News Story
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