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IN RE E.R.

No. 100,197.

197 P.3d 870 (2008)

In the Matter of E.R.

Court of Appeals of Kansas.

December 12, 2008.

Attorney(s) appearing for the Case

Paul Shipp, of Kansas Legal Services, of Manhattan, for appellant E.R.

Lara Blake Bors, assistant county attorney, John P. Wheeler, Jr., county attorney, and Stephen N. Six, attorney general, for appellee State of Kansas.

Before McANANY, P.J., GREEN and BUSER, JJ.

McANANY, J.

This appeal requires us to examine K.S.A. 21-3522(a)(3), sometimes referred to as the "Romeo and Juliet" law. Here, 12-year-old E.R. was adjudicated a juvenile offender for sexually fondling a 14-year-old girl who was a willing participant. E.R. argued to the district court without success that the charge should be dismissed and he should not be adjudicated a juvenile offender because he is younger than the girl...

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