Current law says a former band director faces up to 45 years in prison for allegations that he engaged in sexual activity with a student.
Now a formal request has been filed for a judge to consider departing from those sentencing guidelines.
Timothy Brightbill was arrested Dec. 31 after he was caught in bed with a Nature Coast Technical student, according to a report. He's charged with three counts of sexual activity with a minor, a second degree felony.
At the latest court hearing, attorneys decided that the victim would be allowed to have a say in what punishment Brightbill receives.
His attorney, James Campbell, has since filed a motion asking a judge to consider giving Brightbill less time in prison than the law allows. That motion is not public record because the case is a sex crime involving a minor. A message left with him Thursday was not returned.
Assistant State Attorney Brian Trehy, who is prosecuting the case, said he had not seen the motion yet. But he still plans to argue for a "significant" amount of time.
"Children should be able to go to school without fear of this happening," he said.

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