A Florida former middle school teacher avoided jail and registering as a sex offender by pleading no contest to felony battery charges. The woman was accused of having sex with a 14 year old student. She was sentenced to five years probation. From The Orlando Sentinel:
[The woman] was arrested Nov. 30, shortly after she and the student were discovered in her Ford Focus on a deserted stretch of road near Lake Mary.
A neighbor had called authorities, saying a suspicious vehicle was parked on the road. When a Seminole County deputy arrived, the vehicle was rocking and the windows were fogged up, according to court records.
The boy told deputies that he and his teacher had just had sex. He was still wearing a condom, according to court records.
Tarkenton also admitted that they had just had sex.
She was charged with two counts of lewd and lascivious battery.
Today, after plea negotiations, she pleaded no contest to one count of felony battery. That means she will not have a record as a sex offender.
Today, as part of her plea, she agreed to give up her teaching certificate for life.
She also agreed not to live within 500 feet of a school or park, to complete a sex offender treatment program and to stay away from anyone under the age of 18, except for her son.
While she has avoided state registry listing, if other courts follow the 9th Circuit lead in using a non-categorical approach, she will almost certainly have to register under the AWA.
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