PITTSBURGH — A Pennsylvania high school teacher wants charges that he wrongly had sex with an 18-year-old student dismissed because of her age.

The attorney for 38-year-old Plum High School teacher Jason Cooper contends the charge of sexual contact with a student is unconstitutional because the girl is old enough to consent. Allegheny County prosecutors say students can’t legally consent to sex with a teacher.

Cooper’s attorney also wants two witness intimidation charges dismissed because he says Cooper called the girl to apologize after he was charged, not to discourage her from testifying or pressing charges.

Cooper is one of two Plum High School teachers charged with having sex with students.