Kentucky court weighs case of 8th-grader prosecuted after having sex with 7th-grade girlfriend

The sex was consensual, but the legal fallout was one-sided when an eighth-grade boy and his seventh-grade girlfriend had their tryst at her house in Kentucky.

The boy pleaded guilty to two misdemeanors for having sex and exchanging nude photos with his girlfriend. He was designated a juvenile sex offender. The girl was not charged.

The case reached Kentucky's highest court on Thursday, with attorneys arguing whether voluntary sexual conduct between children should be prosecuted as a crime.

An attorney for the boy, identified as "B.H." in court records, says the teens had no intention of committing a crime. Assistant public advocate John Wampler says they did what many of their peers do.

State Assistant Attorney General Gregory Fuchs said the boy initiated acts "within the parameters of the crime."