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Yes, the adult can go to jail. The term "underage" refers to the fact that the person is under the legal age to make decisions. This includes the decision to have sex. That means that if you have sex with her and she "consents" her consent is not valid because she is considered too young to make the decision. This means you would be guilty of statutory rape because you violated the statute declaring the legal age of consent.

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Q: Can an adult go to jail if his underage girlfriend got pregnant?
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Can a 27-year-old go to jail for getting his 17-year-old girlfriend pregnant if the age of consent is 16?

Yes. This is one instance where judges do not hestitate to impose the maximum sentencing allowed if the adult is convicted of a crime(s) against an underage person.


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