FAYETTEVILLE, N.C. — A high school criminal justice teacher is accused of having sex with a 16-year-old student.

Cumberland County sheriff's deputies arrested Dwens Jean-Pierre, 24, a teacher at Grays Creek High School, on Monday. He is charged with three felony counts of sexual activity between school personnel and student.

The first-year criminal justice teacher is charged with having sex with the female student at his residence three times between November 2003 and January 2004.

Investigators say if the student was enrolled at any school other than Gray's Creek, where Jean-Pierre taught, it would not have been a crime.

State laws prohibit school staff from engaging in sexual activity with students. It is considered a felony even if the sex is consensual -- as in this case-- and even though 16 is the legal age of consent.

"She's 16 years old. Had she been enrolled in a different school, the statute's very clear, it would not have been a crime," said Maj. Sam Pennica of the Cumberland County Sheriff's Office.

A spokeswoman with Cumberland County Schools says a decision on Jean-Pierre's job status will be made Tuesday.

Jean-Pierre is scheduled to make his first court appearance Tuesday morning.