No intent, no crime

See if you agree that this is a case of overzealous prosecution. Two Marion County children engaged in sexual activity with each other other from the time the boy was 9 and the girl was 6 until the time the boy was 14 and the girl was 11. Now the boy, 17 and a high school student, is being charged with child molesting for that activity, even though state law says children that young can't legally consent, which should mean that they can't form the proper intent to commit a crime, either. The presecutor seems to agree with this, but then says that "Either the Court of Appeals can weigh in or the legislature can weigh in." Even if the prosecution thinks it has a cleaar victim and a clear perpetrator, this seems like a risky and questionable case.