DECATUR, Ala. (AP) — A judge says Alabama's law barring any school employee from having sex with any student is overbroad and unconstitutional.

Morgan County Circuit Judge Glenn Thompson dismissed charges Thursday against 44-year-old Carrie Witt, a former teacher at Decatur High School, and 27-year-old David Solomon, a former contract teacher at Falkville High School.

The Decatur Daily reports that Thompson ruled prosecutors must prove that a school employee was in a position of authority over a student and abused that position to obtain consent.

Witt's attorney argued that two students Witt is accused of having sex with weren't under her direct authority and were older than 16, Alabama's age of consent.

Morgan County District Attorney Scott Anderson says that he disagrees with the ruling and that Attorney General Steve Marshall will appeal.

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Information from: The Decatur Daily, http://www.decaturdaily.com/decaturdaily/index.shtml