A 17-year-old boy will be charged as a minor in a case alleging he had sex with a 13-year-old girl with whom he attends school.

District Judge James Wheelis said he was reluctant to transfer the case to youth court, but did so because he does not believe the young man’s actions were predatory.

“I don’t think you are a sex offender,” Wheelis said. “I do think you are an idiot.”

Lincoln County Detective Duane Rhodes said it was his opinion that the girl had a crush on the boy, noting the girl stopped by the boy’s house the day before the alleged crime.

“She initiated a lot of the sexual talk,” Rhodes said. “She arranged to sneak out from her aunt’s house. It was her coming back late for breakfast that caught the family’s attention.”

The boy is being charged with one felony count of sexual intercourse without consent and another felony count of sexual assault. Both counts are punishable by prison terms of no less than four years and up to life, as well as $50,000 fines.

The Libby High School boy’s father testified Monday morning about his son’s character, mentioning his membership in National Honor Society and employment in fast-food services.

Kindra Hageness, chief juvenile probation officer for the county, said it would definitely be in the boy’s interest to go through youth court. Rhodes supported that statement, saying the girl’s family want the young man to be punished, but not at “a severe price.”

“I don’t feel registration as a sex offender is warranted in this case,” Rhodes said. “There is no reason to ruin his life over this.”

Jim Germany, Vice Principal at Libby High, called the boy a role model. Asked if the boy was college-bound, Germany quickly replied, “Better be.”

Dr. James F. Myers, a counselor who specializes in men, said it was his opinion that it is almost always wrong to try adolescents as adults.

“The human brain does not reach full maturation until age 25,” Myers said, noting he found the boy open and cooperative during a four-hour interview.

The next hearing date is yet to be set.