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The 31 year old Colorado women who gave birth to a child fathered by a 13 year old boy has made a plea deal with the prosecutor and will serve no jail time ANDREA SERRANO knew the boy who, saw her as a mother figure, even calling her mom. For that reason, the prosecutor agreed to drop the charges down to incest, since by Colorado law, just feeling like someone is your mom is enough to qualify it as incest which has no mandatory jail time. The judge in the case instead of denying the deal, has already signed off. It’s another example of the amount of discretion prosecutors have in deciding if to charge and what to charge. The woman has continued to raise the baby, and the actual mom of the boy is fighting for him to gain custody of the baby