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So i turn 16 in march and my boyfriend will be 18.in may . can he be put in jail ?

Victoria, TX |

okay so im about to be 16 in march and my boyfriend is about to be 18 in may . well we had unprotected intercourse and i may be pregnant but we are not sure.but if i turn out to be positive . can my mother put my boyfriend in jail for being 17 and getting me pregnant ? my boyfriends mother would not mind but my mother would most likely try and call the cops! but i would hate for him to be put in jail .

Attorney Answers 3

Posted

It is an affirmative defense to sexual assault of a child older than 14, that the older person is not more than 3 years older than the younger person. I do believe that he would be charged as long as your birthdays are less than 3 years apart. So let that be some comfort. However now you need to be responsible and deal with this issue like an adult. That is the hard part. Good Luck.

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3 comments

Richard Timothy Jones

Richard Timothy Jones

Posted

I think he meant to say could be charged or not likely to be convicted.

Vicki Elaine Wiley

Vicki Elaine Wiley

Posted

I think he meant to say "I do NOT believe that he would be charged."

Larry Dean Bloomquist

Larry Dean Bloomquist

Posted

Correct I meant to I do Not belive that he would be charged.

Posted

As long as the sex is consensual, both parties are at least 14 and they are not more than 3 years apart in age there is no crime. He could be charged but any good defense lawyer should be able to sort things fairly easily.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

It is a crime for any person to have sex with a person under 17. There is a defense that there is 3 years or less to the day difference in age between the two who have consented to sex. So, you will have to do the math.

Cynthia Henley
713-222-1220

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