In reality, she was 13. Now, Day is charged with having sex with a minor.
The two met through an online chat website 2-3 months ago. The documents say that's when Day told officers the girl first told him she was 18.
Officers were called to Dixon Drive around 3:30am Sunday morning. It's a long street in the middle of a neighborhood.
Someone reported seeing a suspicious car parked alongside the road. The caller thought no one was inside of it.
When police got to the neighborhood, they found the car. According to the documents, Day and the girl were inside the car, both partially naked.
When officers questioned the two, court papers say the girl lied to police and said she was 18-years-old.
Day is being held in jail without bond.