***The video above is from a previous report.***

CHESTER TOWNSHIP, Ohio (WJW) –  A hearing is set for Friday to determine if a sexual battery charge filed against a Chester Township police officer should be dismissed.

The FOX 8 I-Team obtained a motion filed Monday by the special prosecutor in the case asking the charge filed against Officer Nicholas Iacampo be dismissed. The motion notes that the state statue Iacampo was charged under was ruled unconstitutional in 2016.

“The reason for said request is that the case cannot be prosecuted as charged,” the motion states.

Iacampo’s attorney declined to discuss the matter.

Lake County Prosecutor Charles Coulson was appointed special prosecutor last week. The I-Team asked Coulson Tuesday if Iacampo will face any other charges. Coulson responded by saying the case remains under investigation.

Iacampo is accused of having sex with a 16-year-old girl while on duty.

Chester Township Police Chief Craig Young says Iacampo remains on administrative leave.