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News / Northwest

Court: Teachers can’t have sex with any students

The Columbian
Published: November 18, 2010, 12:00am

SEATTLE (AP) — The Washington Supreme Court ruled on Thursday that student age doesn’t matter in teacher-sex cases, even if the student is 18 and considered an adult by other state laws.

The case involves Matthew Hirschfelder, a former choir teacher at Hoquiam High School. He had been charged with first-degree sexual misconduct with a minor in 2006.

Hirschfelder, who was 33 at the time, denies any relationship occurred. He asked a lower-court judge to dismiss the case because the girl was not a minor. The judge refused to dismiss the case and encouraged the Court of Appeals to clarify what state law said on the issue. The appeals court ruled in January 2009 that the statute was unconstitutionally vague.

A few months later, the Legislature clarified the law, saying all sex between school employees and full-time registered students 16 or older is illegal.

The Supreme Court on a vote of 5-4 reversed the appeals court and said the state law not unconstitutionally vague.

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