In November, In Touch exclusively learned porn star Danica Dillon filed a $500,000 civil suit against Josh Duggar, alleging he committed battery upon her. Now, if the lawsuit leads to a criminal investigation into Josh’s actions, a prison stint can be the ultimate result. Josh, 27, would have to answer questions under oath.

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“Josh and his parents, Jim Bob and Michelle, are terrified by Danica’s lawsuit and the possibility that he could get locked up,” a source close to the Duggars tells In Touch. He could also face prostitution charges, since he paid to have sex with Danica after meeting her at a strip club.

duggars

The Duggar family.

“Anything that he says in a deposition for the civil case has the potential to be used against him and police could open a criminal investigation,” Philadelphia criminal defense attorney Lloyd Long III, who doesn’t represent Josh or married mother-of-two Danica (whose real name is Ashley Stamm-Northup), tells the mag.

The most likely crimes Josh could be charged with range from misdemeanor simple assault, which carries a maximum sentence of one to two years, or felony aggravated assault, which carries a 10-year to 20-year maximum sentence.

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“[Jim Bob] doesn’t want this case becoming a criminal matter. He knows Josh would never be the same if he went inside,” says the source close to the family. But Jim Bob is also concerned about how Josh’s actions will affect the family. “They’re afraid Josh going to jail would leave an indelible stain on the family name,” adds the source, “and that they, too, would be punished for years because of what he did.”

For more on this, and all the latest on the Duggars, check out the newest issue of In Touch on newsstands now!