Teacher-student sex law

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BIRMINGHAM, Ala. (WIAT) – A controversial ruling in Montana has brought about the question of whether or not the same type of ruling could happen in Alabama.

Alabama has had its fair share of teachers and school employees getting caught in a tryst with students in recent years.

Some of the incidents occurred before a state law was passed in 2010 that made such encounters a class B felony offense. The Alabama Code of Law states that it’s a class B felony for any school employee to have a sexual relationship with a student 19 years old or younger.

According to former prosecutor Raymond Johnson, the type of punishment handed down in Montana would not be the same in Alabama.

“They can be convicted of two to 20 years for the same offense,” Johnson said.

Johnson says one of the biggest differences he sees between Montana law and the Alabama law centers around the word “consent.”

“It doesn’t matter if there is consent or not,” Johnson explained. “If an employee has sexual intercourse with a student that is 19 years or younger that employee will be found guilty of the statute.”

He says anyone convicted of the same crime under Alabama law would be considered a sex offender and be subject to all of the restrictions that go along with the sex offender status.

To view the Alabama Code of Law, click here.

Copyright 2013 WIAT-TV CBS 42

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