Lawyer argues teacher who 'had sex with high school student while propositioning others' should go free because they were over 18 and none feel they were victims

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Nicole McDonough, of Mount Olive, New Jersey, was indicted on three counts of official misconduct in March
The 32-year-old married mother-of-two and English teacher at West Morris Mendham High School was arrested on December 30
She allegedly had improper relations with two 18-year-old male students and a 'physical sexual relationship' with a third

Published: 20:58 EST, 8 July 2015 | Updated: 16:21 EST, 9 July 2015

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The lawyer for a New Jersey high school English teacher accused of having sex with one student and propositioning others said on Wednesday her crimes were 'victimless' and that the students would agree.

What's more, 32-year-old mother-of-two Nicole McDonough from Mt. Olive faces special hardships, like being a single mom with a heroin-addicted ex, that would make a mandatory five-year sentence unduly harsh, her attorney Timothy Smith argued.

However, prosecutors successfully blocked the former English teacher from entering a diversionary program instead of facing prison time.

Looking for redemption: High school English teacher Nicole McDonough - seen here at her first court appearance in January - has applied for a Pre-Trial Intervention program in the hope of having the charges against her dropped

'There is a strong need to deter,' assistant prosecutor Christopher Schellhorn argued.

Smith, while asserting the alleged crimes were 'victimless,' argued that the alleged victms 'have each said they have not felt victimized'.

Prosecutors on Wednesday, however, said McDonough had an inappropriate relationship with three students that included exchanging text messages and spending time with students who'd cut class to be with her, NJ.com reports.

'I'm sensitive to the fact that she is a single parent and her husband has substance abuse issues,' Schellhorn said.

'But that's insulting to other single parents that don't turn to seeking sex from high school students.'

On Monday, McDonough applied for Morris County's Pre-Trial Intervention (PTI) program, which provides first-time, non-violent offenders with alternatives to traditional prosecution.

The program requires a probationary period of one to three years and comes with a list of conditions that must be met.

If McDonough is allowed to enter the PTI, she may have to undergo random urine testing, pay restitution, and submit to psychological, drug and alcohol evaluations.

Strings attached: If McDonough, pictured in court in January, is allowed to enter the PTI, she may have to undergo random urine testing, pay restitution, and submit to psychological, drug and alcohol evaluations

According to The Daily Record, the alleged sexual relationship between the mother-of-two and an 18-year-old boy occurred in April, May, and June of 2013.

The relationships with the other two students then allegedly occurred in April, May, and June of 2014.

Additionally, NJ.com reported that McDonough does not face any sex charges because all three alleged victims were 18.

The prosecution made it clear they believe she was only sexual with one of the boys.

The indictment outlined that McDonough committed second-degree official misconduct because she 'did commit acts relating to her office, but constitutionally unauthorized exercises of her official functions'.

McDonough did so 'with the purpose to obtain a benefit for herself, specifically emotional, mental and/or physical sexual gratification', the indictment said.

Timothy Smith, McDonough's attorney, said on Friday he would seek to have the indictment dismissed and called it a 'rogue prosecution' that incorrectly applies official misconduct laws.

The 32-year-old pleaded not guilty to the charges against her in January. Last month, she was suspended from her teaching job at Mendham High School without pay.

Official misconduct is punishable upon conviction by up to 10 years in prison with a minimum of five years to be served before parole consideration.

Scene: McDonough, a married mother-of-two, worked as an English teacher at West Morris Mendham High School in Morristown, New Jersey

According to NJ.com, McDonough 'teaches honors and International Baccalaureate-level English courses at the high school' and 'holds a bachelor's degree in English Literature from the College of St. Elizabeth'.

Describing herself on the school's website she writes: 'Although teaching is one of my many passions, I am also a mom, a personal trainer, and a cross-fitter. I am a mother of two amazing girls. We also have a puggle named Tegan.'

She closes by saying: 'The classroom is one of my many loves and I am excited to return to start a full year of school!'