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It depends on what state you live in. Check with your local police.
He could go to jail because they can prove the baby was conceived when you were 15. Most places have a law with guys who have sexual inter course with girls who are under 16.

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16y ago
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Q: If your boyfriend is 21 and you are only 15 almost 16 could you have a baby together or would he get put in jail?
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