MCMINNVILLE, Ore. - The Yamhill County prosecutor has dropped all felony charges against two McMinnville boys accused of spanking their female classmates earlier this year.

The two students from Patton Middle School originally faced five felony counts of First-Degree Sex Abuse, but the District Attorney's Office said the facts and circumstances of the case have changed.

Scott Mashburn's son, Cory is one of the two boys who now faces lesser charges.

"We expected them to be downgraded, but we're not happy with where they're at still," he said.

Mashburn maintains that his boy should be punished for mocking suggestive dancing and touching seen in a movie, but he never should have been arrested and locked up.

The students were placed in juvenile detention earlier this year.  Now, prosecutors have dropped all of the felony charges against them.

Debra Markham, Deputy District Attorney for Yamhill County, said new facts in the case were considered in making that decision, including a psychological exam given to both boys, and court records that show at least one girl felt she was pressured by authorities to say she was hurt. 

That does not mean that Mashburn and his friend, both now 13 years old, are off the hook.  They still face misdemeanor counts of Sex Abuse in the Third Degree and Harassment. In addition, although they are out on conditional release, they are not allowed back at school until the case is resolved.

The boys' lawyers criticize the county for "choosing to treat middle school horseplay as sex crimes" and for including a requirement in these new charges that makes the boys register as sex offenders.

The boys' trial is scheduled for June 11.