The suspended Wisconsin elementary school teacher accused of making out with an 11-year-old student has demanded that her charges be dropped.
Madison Bergmann, 24, was arrested in April after the fifth grader's parents reported her to River Crest Elementary School administrators and police.
On Thursday, Bergmann, who was dumped by her fiancé for her repulsive actions, claimed that the charges against her should be thrown out because the boy's text messages weren't specific enough to prove how they touched each other, the New York Post reported.
Bergmann, dressed in light gray pants and black shirt, showed up to court with her father and looked downcast after a judge refused her request.
During the motion hearing, more intimate messages between the disgraced teacher and student revealed that she allegedly said she wanted to 'lick' the boy's abs and that she liked touching his chest.
In one of the recently revealed text messages, the boy allegedly wrote: 'You were touching my chest a lot.'
Her attorney, Joseph Tamburino, argued that his client's behavior does not mean she sexually assaulted him because the fifth grader used the word 'chest' when describing their contact with each other.
'The basis of this motion is that there’s not probable cause in the complaint, in one specific area, and that's the area of "sexual contact of intimate part",' Tamburino said.
'Under Wisconsin statutes, there has to be touching of an intimate part in order for there to be sexual contact.
'What are those parts? The breast, buttocks, anus, groin, scrotum, penis, vagina, or pubic mound of a human being. The statute does not say it’s the "chest" or the "chest area",' he added.
The judge quickly decided that her attorney's argument would not change his mind on Bergmann's charges.
'It would be absurd to require a child to use the same language that the state legislature has chosen for our statues,' the judge replied.
The judge proceeded to read more texts between the 24-year-old and 11-year-old, as one read: 'I love having my hand on your chest. I could feel your heart beating so much hahaha,' Bergmann allegedly sent the boy.
In response, the student allegedly said: 'Haha it was beating so fast. I was so surprised and I loved it because you just kept kissing me.'
'When everyone was cleaning after reading, I was standing at the front and you were too, and I touched your chest,' she allegedly wrote.
'When I grabbed your shirt and I pulled you into me, oh my goodness…I want to lick your abs haha.'
The judge ultimately ruled that the word 'chest' does not excuse Bergmann from being charged for sexual assault.
Although Bergmann was initially charged with first-degree sexual assault of a child, she was hit with additional charges, including using a computer to facilitate a child sex crime, exposing a child to harmful descriptions, two counts of child enticement and five counts of sexual misconduct by school staff, according to court records.
An alarm was raised on April 29 when the boy’s mother overheard a phone call between Bergmann and the victim. His father confiscated his phone and discovered sexually-charged text messages.
In one text, Bergmann told the boy that she 'wanted to just grab (his) face and push (him) to the floor and make out with (him),' the complaint stated.
In another text, she allegedly wrote, 'I almost kissed you when you were on the ground today, but I got distracted by your stomach.'
The child's father then handed over printed text messages between Bergmann and his son to law enforcement and administrators.
During her interview with police, she told authorities that the victim's mother allegedly gave her the student's phone number after the family invited her to Afton Alps, a skiing resort, over winter break.
Upon searching Bergmann's bag, officers found handwritten notes between the pair stored in a folder emblazoned with the victim’s name, charging documents said.
'In her notes she tells him that she loves him, wants to kiss him, he turns her on, and that she is obsessed with him,' the complaint stated.
In one letter, Bergmann allegedly wrote, 'One of my cousins is in the 5th grade and I can't imagine a man talking to her how we talk. I know we have a special relationship and I do love you more than anyone in the world but I have to be the adult here and stop.'
Police also spoke to the little boy, who 'made comments about really liking her, trusting her, feeling weird but also liking it,' according to the complaint.
When asked about the text exchange between her and the student, Bergmann invoked her right to an attorney, documents said. She was then arrested.
After her arrest she was suspended from her teaching role and taken into custody the same day.
It was later revealed that she allegedly moved his desk out of sight so she could rub his legs during class.
The fifth grader told investigators that Bergmann would rub his thigh and calves during independent reading time, according to a criminal complaint filed in St. Croix District Court.
The boy also told investigators they kissed multiple times in the classroom since March, that Bergmann was his first kiss, and they would secretly caress each other, according to charging documents.
The ex-teacher was set to wed her partner Sam Hickman in July, but the plans were scrapped due to what Hickman has described as 'f***** up behavior' by his now ex-fiancé.
'It's been indefinitely postponed,' a friend of the couple told the New York Post.
'He's really really hurt. Not talking too much about it, just like "this is f*****d up". He’s still in shock.
'Not only did she cheat on him, but she cheated with a little kid.'
She has pleaded guilty to all charges and is expected to appear in court on October 7 for her preliminary hearing. Bergmann faces up to 178 years in prison if convicted.
DailyMail.com contacted her attorney for comment.
