The internet and TV has been abuzz about Jamie Lynn Spears announcement that she is pregnant with Casey Aldridge’s baby. It is well reported that Spears is 16-years-old and that Aldridge is 19. So that creates one very ugly legal question:

Did Casey Aldridge rape Jamie Lynn Spears? The answer would have to be yes if Casey is over the age of 18. How can consensual sex be rape? If it’s statutory rape, which is when an adult has sex with a minor (someone below the age of consent).

So what is statutory rape in California? Well according to CriminalAttorney.com statutory rape is when two people have sex and one of the partners is a minor, unless the two are married. Read below for the actual legislative/lawyer speak.

In California statutory rape, or unlawful sexual intercourse, is: an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. . . . [A] minor is a person under the age of 18 years. Cal. Pen. Code 261.5(a).

How serious of a crime is statutory rape in California? Criminal Attorney states that when the one accused of statutory rape is less than three years older, as Casey’s age indicates, that the rape is simply a misdemeanor. If there is more than a three year age difference then the accused can be charged with a misdemeanor or a felony.

Where the perpetrator is no more than 3 years older or younger than the victim, statutory rape is a misdemeanor. Cal. Pen. Code 261.5(b). When the minor is more than 3 years younger than the perpetrator, the offense is a wobbler, which means that it can be charged as either a misdemeanor or a felony.

So what type of punishment can be expected? Criminal Attorney states that the misdemeanor charge can land one in the county jail for up to a year. Since the age difference is not so egregious and the two were living together I would expect for Casey’s sentence to be much less than a year, if he is even charged with the crime at all.

A misdemeanor charge can be penalized by 1 year in county jail. 261.5(d).

My legal guesstimate is that Casey, having knocked up a pretty well-known celebrity will not face any charges or jail time. It would be hard for a district attorney to press charges when he takes into account that Aldridge is barely an adult and that the age difference between the two parents-to-be is relatively close.

That is the other major factor in why no charges will be filed. The two ‘KIDS’ are having a baby together. They were living together and they are going to be parents at a very early age. They will have a lot on them, especially being in the spotlight, and they need every bit of support possible to raise their baby together as a couple.

Brit’s mom will not file charges against Casey and neither should the district attorney.

Photo of Casey Aldridge Below