Another problem with it is, is that "Once tried as an adult, always tried as an adult for any other crime even if you are a juvenile." I know that most of the time it is thrown out but if a kid who is just messing around one day and ends up having his entire life ruined because of it is pretty bad and I think the law should be changed to something a little less harsh.
Then I'm guessing it isn't even going to court--there's a good chance because of the similarity in age and both under 18 the state's attorney might be looking the other way.
"The minimum sentence of a 15 year old having sex is 5.2 years,"
However, as you're well aware, the 15 year old must be charged as an adult, go through adult preliminary proceedings, be tried as an adult, and be found guilty by 12 of his peers. IMHO, the state attorneys figure they have bigger fish to fry, so long as the kids are otherwise keeping out of trouble...
As for incest, I agree that needs to be raised quite a bit. In the state I live in (WI), it's a class C felony--meaning a term not to exceed 40 years and/or a fine not to exceed $100,000, or both. (Incest between adults is a class F felony--up to 12.5 years in prison and $25k fine)
"Another problem with it is, is that "Once tried as an adult, always tried as an adult for any other crime even if you are a juvenile." I know that most of the time it is thrown out but if a kid who is just messing around one day and ends up having his entire life ruined because of it is pretty bad and I think the law should be changed to something a little less harsh."
Here's where something called discretion comes in--though generally you are correct (most often with repeat offenders).
Generally, if it's a kid with their first or second run-in with the law and everything else points to their being a good kid, they may be charged and placed in juvy hall rather than be waived to adult court.
However, there are also limits as to who and what can be waived to adult court--IIRC, not all crimes can be waived (though big ones like rape, murder, armed robbery, serious assault & battery, etc. can and usually do). Not to mention that kids under 14 cannot be waived into adult court except for the most heinous crimes (e.g murder)
In short, this discretion relies on three things:
-The prior history of the kid
-The crime allegedly committed, including its severity
-The age of the defendant