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In the Interest of N.A.

Evidence that 12-year-old girl had sexual intercourse with at least two older teenage boys supported the finding that she committed the delinquent act of fornication.

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The juvenile court found that N. A. committed the offense of fornication and therefore was delinquent. N. A. appeals, contending that the juvenile court erred in denying her motion to dismiss because a child who is 12 years old cannot consent to and therefore commit the crime of fornication. N. A. further contends that the court erred in allowing N. A.’s statement to be entered into evidence. We affirm.

1. N. A.’s argument that she cannot be found delinquent for committing fornication is based on her attempt to link two areas of law that cannot be properly joined, specifically, the voluntary element of fornication1 and our law that consent by a victim under a certain age is no defense to statutory rape. However, consent being no defense to statutory rape has no impact on whether a juvenile commits a delinquent act under the separate fornication statute by voluntarily having sex when unmarried. See K.M.S. v. State, 129 Ga. App. 683, 684 200 SE2d 916 1973. In K.M.S., the Court of Appeals affirmed an adjudication of delinquency based on the underlying crime of murder, notwithstanding the fact that the juvenile was 12 years old and now-OCGA § 16-3-1 provided that a person could not be guilty of a crime unless he was 13. The trial court did not err in denying N.A.’s motion to dismiss.

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