My boyfriend 19 and im 16 and pregnant,could he go to jail?

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Me and my boyfriend have a year together...my mom knows we have sexual intercourse but sometimes she gets those moments when she starts threating me that she is gonna call the cops on him...but he dosent do it.I recently found out im pregnant but my boyfriend wants to keep it and get married.My mom wants me to abort and send him to jail. what do i do?! -helpp!

Attorney Answers

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Theodore Araujo ·
RCW 9A.44.093 "(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim." The Age of Consent in Washington is not 18. It is 16. The statute (shown above) that you are making reference to makes it a crime for a person 60-months or older than the younger person to have sexual intercoarse with the younger person if ALL of the following conditions exist: 1-The older person is in a "significent" relationship with the younger person, AND the older person is in a supervisory relationship within that relationship, AND uses that supervisory position in order to have sexual intercourse with the younger person. This statute refers to relationships between persons who become sexually involved 16 or 17-years-olds, and who are in a position of authority over the younger person and use this authority to gain a sexual advantage. Such a situation might exist between a 16 or 17-year-old student and a teacher or coach who is at least 60 months older. REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable. Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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Scott Lawrence ·
My colleague is correct that the age of consent in Washington is 16 years old. Thus your boyfriend is not currently committing the crime of Child Rape or Child Molestation. However, if he is at least 48 months older than you and you had intercourse before your 16th birthday he would have committed the crime of Child Rape in the Third Degree. The prosecutor could still prosecute any past criminal acts even if you are now of "legal age." RCW 9A.44.079 makes it a crime for a person to have sexual intercourse with 14 or 15 year old when the person is at least forty-eight months (4 years) older than the victim.
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