N.J. Teacher Who Had Sex With 13-Year-Old Student Gets Probation

Originally published by The Associated Press, May 24, 2002

HACKENSACK, N.J. (AP) — Declaring no harm had been done, a judge spared a teacher who admitted having a sexual relationship with a 13-year-old student from prison time.

A state legislator, outraged by the decision, said the judge should be removed from the bench.

Pamela Diehl-Moore, 43, pleaded guilty to sexual assault in January. Prosecutors had expected her to be sentenced to three years in prison.

"We are talking about a sexual assault of a little boy," prosecutor Martin Delaney said at Wednesday's sentencing. "We need to send a message to these people that this is unacceptable and you will pay with your liberty."

But Superior Court Judge Bruce Gaeta disagreed, saying people mature at different rates. He gave Diehl-Moore five years probation.

"It's just something between two people that clicked beyond the teacher-student relationship," Gaeta said. "I really don't see the harm that was done and certainly society doesn't need to be worried."

Republican state Rep. Rose Heck called the sentence "shocking and unacceptable."

"Does that mean the he believes there should be no law against adults having sex with minors? If so, I would suggest it is time for this judge to be removed from the bench," Heck said Thursday.

The sexual relationship began in 1999 after the boy passed Diehl-Moore's seventh grade class. Authorities said it lasted about six months. According to state law, a 13-year-old cannot legally consent to sexual activity.

Diehl-Moore, a divorcee with two daughters, was arrested last year and has since lost her teaching license. She begged the judge not to separate her from her children.

"I would never hurt anybody," she said. "I will never do this again. It was a lapse in judgment."

Diehl-Moore was also ordered to continue intensive counseling for severe depression.