JACKSONVILLE, Fla. -- A former teacher accused of fondling a student may never stand trial because of an interpretation of Florida's sex laws.

William Tinsley IV denies that he had any sexual contact with a 16-year-old student who came to his Arlington home.

Tinsley, 28, was fired from his job at Lighthouse Christian School in Mandarin after he was arrested and charged with custodial sexual battery -- custodial meaning having legal authority over a child.

His defense attorney has filed a motion to have the charges dropped, contending that even if Tinsley was found to have had sexual contact with the girl, since the incident allegedly happened at the teacher's home on a weekend, Tinsley had no custodial authority over the teenager.

"The statute does not cover it, and the Florida Supreme Court has said the teacher is not the custodian of the child when the child is off the campus and not involved in school activities," defense attorney Curtis Fallgatter said.

Prosecutors argue that the law does apply in this case since, as a teacher, Tinsley had authority over the child even if it was not at school.

If Tinsley were not a teacher and the act was consensual, no law would have been broken.

"So a 16- or 17- year-old child could have fondling or touching with an adult over the age of 24 and it be legal as long as it was consensual, according to our sex crimes law," said Assistant State Attorney Alan Mizrahi. "He was her teacher. ... That makes the whole difference."