The eighth-grade boy and his seventh-grade girlfriend had been dating about 1½ years when they decided to have sex, which they did twice at her house when nobody was home.
The boy, 15, also texted two nude pictures of himself to the girl, 13, who sent him one back.
When the girl's parents found the pictures on her phone, they took out a warrant in Woodford Circuit Court, and the boy was charged with sexual misconduct, a misdemeanor, and possessing matter portraying a sexual performance by a minor, a felony.
Even though "B.H," as the boy is identified in court records, was too young to consent to sex — the minimum age is 16 in Kentucky — he was charged with a crime for engaging in it. And even though the boy's parents could have gone to the county attorney's office and taken out charges against the girl — just as C.W.'s parents had done — only B.H. was charged.
In a case that has captured national attention, the Kentucky Supreme Court will hear arguments Thursday about whether voluntary sexual conduct between children should be prosecuted as a crime.
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