Prosecutors drop case against teacher accused of sexting

Wednesday, February 26, 2014 - 3:33pm

Prosecutors have dropped charges against a Texas teacher accused of sexting a student, Steve Pickett explains why a recent State Appeals Court ruling challenged the case.

It did not matter if the teacher sent sexually laced online text messages to a 13 year-old.

That was the allegation facing a former teacher of this Everman ISD school.

The Tarrant County District Attorney's Office will not prosecute because the law the teacher reportedly violated is a violation itself Chad Ruback, Dallas Attorney, "It covers just too much stuff."

Dallas attorney Chad Ruback says the State Criminal Appeals Court deemed a section of the online solicitation of a minor law a violation of free speech, calling the law too broad. It could be almost anything he says, "The court of criminal appeals said , 'Hey listen sending a picture of you or even not a picture, even a text, even a paragraph of Greek mythology, a written paragraph, that would in theory be prohibited by this law. The court of appeals felt that was just way too broad."

In the Everman case, the DA's Office say the legal circumstances caused the department to drop the charges.

Some see it as sending the wrong message, Don Reiger, "I see it like a predator messing with kids at school . That's how I feel about it."

And in Dallas County, prosecutors say the Appeals Court decision won't stop their cases,Brooke Grona-Robb, "The court of criminal appeals has only limited one and ruled unconstitutional one small part of the law. Our office continues to look at that behavior and look at that specific conduct to determine if whether there are other offenses that might be violated."

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