Not a knee jerk conservatism case.
The law apparently suggests some discretion be provided the people on the scene. Two 17 yr olds have sex the day before their 18th birthdays and it rises to the notice of someone, perhaps because the girl asks for a pregnancy test a few months later.
This situation doesn't deserve prosecution. Some discretion is appropriate.
Most states have laws on the books which allows for an age discrepancy between the parties of 2-3 years, where one is a minor and one is a legal adult.