If a 15 year old girl is pregnant by a 17 year old boy, legally what could happen?

Asked about 2 years ago - Lexington, KY

The girl will soon be 16 and the boy just turned 17 a week ago. I've looked up some info on the age difference for in Kentucky and what I've seen the age difference can't be more than 3 years. But in this case they are only a year and 6 months apart. And the girl would have the baby after her 16th birthday. So if the parents of the girl tryed to file charges on the boy would he go to jail?
Please explain the worst case senerios of what could happen.

Attorney answers (2)

  1. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have posted this question 2 times. I'll attempt to answer both below:

    Sexual offenses are governed in KY under KRS Chapter 510. One of the stautes is KRS 510.020:
    ==============================================================================
    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 510. SEXUAL OFFENSES


    Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session

    § 510.020. Lack of consent

    (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.

    (2) Lack of consent results from:

    (a) Forcible compulsion;

    (b) Incapacity to consent; or

    (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

    (3) A person is deemed incapable of consent when he or she is:

    (a) Less than sixteen (16) years old;

    (b) An individual with an intellectual disability or an individual that suffers from a mental illness;

    (c) Mentally incapacitated;

    (d) Physically helpless; or

    (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.

    (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

    Cite as KRS 510.020

    History. Amended by 2012 Ky. Acts ch. 146, §124, eff. 7/11/2012.

    Effective: July 12, 2006
    Amended 2006, Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 82, effective January 1, 1975.
    ===============================================================================

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Atousa Saei

    Pro

    Contributor Level 16

    Answered . Short answer: yes.

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