MANKATO – The attorney for a Mankato man charged with allegedly having sex with a 15-year-old boy is arguing the prosecution has yet to prove the boy was “mentally impaired.”

Two of the six counts against James Kirlin are based on a special education teacher who told investigators the boy lacks the judgment to give reasoned consent.

The teacher will be asked to testify at a probable cause hearing next month.

Kirlin has been charged with 3rd Degree and 4th Degree Criminal Sexual Conduct involving a mentally impaired victim, 3rd Degree and 4th Degree Criminal Sexual Conduct with a victim 13 to 15 years of age, 5th Degree Criminal Sexual Conduct involving lewd exhibition and the Use of Minors in Sexual Performance/Pornographic Work.