Reprieve For Teacher Who Had Sex With Teen

A Florida judge has ruled that a teacher who admitted having sex with a middle school student has violated her probation, but he has decided not to tack on extra punishment to her sentence.

The judge found Debra Lafave violated her probation when she chatted with a 17-year-old co-worker about sex. But the judge says it was neither a "willful nor substantial" breach.

Lafave struck up work-place friendship at a Tampa-area restaurant where she was waiting tables, reports CBS News correspondent Kelly Cobiella.

She talked about her personal life, including sex and boyfriends, with her teenaged female co-worker, according to a Department of Corrections report.

The probation department kept tabs on Lafave at the restaurant regularly. But in November 2007, the probation department did learn that she had this ongoing friendship with a teenaged girl from about October 2006 until November 2007. And that's when they brought the charges against her because it's a violation of one of the 48 conditions of her house arrest, TruTV In Session correspondent Beth Karas told CBS' The Early Show.

Lafave smiled and pumped her fist after hearing the judge's ruling. Lafave's attorney, John Fitzgibbons, said authorities were targeting his client because she was within days of completing two years of supervised release.

Scott Fitzpatrick, the attorney for the 17-year-old girl at the heart of the new accusations, says their conversations were nothing more than "girl talk."

"It was, you know, small talk, chit-chat, between themselves," Fitzpatrick told The Early Show. "It was typical employee and co-worker-type conversations."

Restaurant owner Scott Griffin also came to Lafave's defense.

"I never saw her act inappropriately or do anything to suggest that she would do anything inappropriate," said restaurant owner Scott Griffin.

Lafave pleaded guilty to having sex with a student in 2004.

In 2005, the victim's mother pressed for a plea deal so her son wouldn't have to testify, reports Cobiella.

She apologized to the boy and to his family and said she was undergoing therapy.

Lafave is serving three years house arrest and seven years probation.