Eighteen-year-old Kenneth and his 14year-old girlfriend, Emma, made plans to meet in Kenneth's apartment to have sexual intercourse, and they did so. Emma later told her mother about the incident. Kenneth was charged with statutory rape and conspiracy to commit statutory rape. In the jurisdiction, the age of consent is 15, and the law of conspiracy is the same as at common law. Kenneth was convicted of both charges and given consecutive sentences. On appeal, he contends that his conspiracy conviction should be reversed. That conviction should be 
affirmed, because he agreed with Emma to commit the crime.  reversed, because Emma could not be a conspirator to this crime.  reversed, because the crime is one that can only be committed by agreement and thus Wharton's Rule bars conspiracy liability.  reversed, because one cannot conspire with a person too young to consent.