A lawyer for a former high school English teacher in New Hampshire accused of sending sexually explicit emails and videos to a 16-year-old female student says the material isn't obscene and is protected speech under the state and U.S. constitutions.
Robert Todd Wiley was arrested last year. Police accused him of solicitation to distribute child sex images, obscenity, and other charges.
Wiley's lawyer, Anthony Sculimbrene, says the charges should be dismissed. He says the emails contain "flirting, discussions of sex and various body parts," and a "series of short story-like sexual fantasies" involving Wiley and the girl. He said there's no element of coercion or threat. He also notes that while the charges require an age less than 18, if the acts had actually occurred, they would've been legal. New Hampshire's age of consent is 16.
A judge scheduled a hearing May 8.
