In re the Welfare of B.A.H.

OPINION

TOUSSAINT, Judge.*

On appeal from the order adjudicating him delinquent, appellant argues that, as applied to him, a boy under age 16 who engaged in sexual penetration with his first cousin, also a boy under age 16, Minn. Stat. § 609.342, subd. 1(g) (2010), violates due process because it encourages arbitrary and discriminatory enforcement and it violates equal protection when only appellant was prosecuted, even though both boys committed first-degree criminal-sexu*434al conduct. Because we find that prosecution of appellant under Minn.Stat. § 609.842, subd. 1(g), violated his rights to due…