LAS VEGAS (KSNV & MyNews3) -- The district attorney will not file charges against the two Henderson teachers accused of having sex with a 16-year-old local student.
News 3's Marissa Mike spoke with District Attorney Steve Wolfson who explains why.
First off the age of consent in Nevada is 16, Wolfson says.
The decision also came down whether the teachers approached the student and were the teachers employed at the same school where the student was enrolled when the sex acts were happening.
Wolfson says, based on the evidence, the answers to those two questions were no so his office had no choice but to deny charges.
Bambi Dewey, 32, and John Stalmach, 31, were arrested for allegedly having sex with a 16-year-old girl back in January.
Police say Dewey taught the girl years ago when she was at junior high but not when the alleged sexual encounters were happening.
Wolfson says while it is illegal for a teacher to have sex with their student, the law only applies when the teacher works at the same school where the student attends.
Wolfson says technically no felony was committed. Police also recommended charges of soliciting a minor for sexual acts.
Those teachers aren't in the clear yet. the Henderson City Attorney is currently reviewing the file to determine if they'll prosecute. If they move forward with the case, they may pursue misdemeanor charges of contributing to the delinquency of a minor.
