DURHAM — Whether two former Durham police officers will face criminal charges for allegedly having on-duty sexual encounters with a prostitute is now in the hands of the state Attorney General's office.

Former Durham officers Keith Cheeks and Demond Gooch were being investigated by the department for having sex, on separate occasions, with the same prostitute in November. Both men were placed on administrative leave later that month and resigned in January.

Durham District Attorney David Saacks said he received the police department's report on the case Tuesday afternoon. He forwarded it to state lawyers, who confirmed its receipt Thursday afternoon. The report will be reviewed by the special prosecutions unit of the attorney general's office.

The unit, at the request of a district attorney, handles complex cases and those involving conflicts of interest, including when the accused has a personal or professional relationship with the prosecuting district attorney's office. Saacks said Cheeks testified in one of his cases years ago.

It was not known Thursday when state attorneys will make their decision.