Belmont, NH asked in Criminal Law for New Hampshire

Q: my friend is 15 & her boyfriend is 19... will her boyfriend go to jail even though it was completely consensual?

she is pregnant

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1 Lawyer Answer
Leonard D. Harden
Leonard D. Harden
Answered
  • Criminal Law Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: It depends. RSA 632-A:3 says it is a crime to “Engage in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more”

Your friends dob and the girlfriends may be exempted. Also if not exempted police and state have discretion to bring charges or not. Many prosecutors would not charge the felony in the scenario you described.

Friend should call a defense lawyer for more specific advise.

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