The 16-year-old stepbrother charged with the sexual assault and murder of Anna Kepner will remain free for now and is allowed to live in a house with two other children, a judge ruled Wednesday.

Miami federal Judge Edwin Torres said Timothy Hudson — the baby-faced 16-year-old accused killer — could stay out of jail at least until the judge consulted with jail officials about the possibility of housing him at a facility near his family.

“If it were a 20-year-old under the exact circumstances, I probably would have detained,” Torres explained. “The presumption would be we were just not going to take that chance. This is a different animal.”

Torres said he would speak with U.S. Marshals about potentially transferring Hudson to a Hernando County lock-up near his family, rather than keeping him hundreds of miles south in Miami-Dade County, where he will face trial. The judge stated he wanted to “know what my options are” and did not indicate when he would issue a final ruling.

Prosecutor Alejandra López requested that Hudson’s bail be revoked, citing particular concern that he is living under the supervision of his paternal uncle in a home with two minors.

“I believe there is clear and convincing evidence that this defendant is a danger to the community,” the prosecutor said.

Hudson’s defense attorney, Evan Kuhl, argued that the teenager had fully complied with the terms of his supervised release since his arrest in February, and there was no reason to believe he would not continue to abide by his bond conditions.

Under the current terms, Hudson is not allowed to leave his uncle’s home unless accompanied by his uncle or aunt and must continue wearing an electronic GPS monitor — the same conditions set by Judge Torres in February when the case was still being handled as a juvenile matter.

Hudson appeared concerned and kept his hands in his pockets as he entered the courtroom Wednesday morning — the first time he has been seen publicly in the case.

Hudson was initially charged in February as a juvenile in the killing of the 18-year-old cheerleader, who was described as bubbly and outgoing. The incident occurred during a six-day Carnival Cruise ship vacation with their family.

Prosecutors later obtained an indictment charging him as an adult with first-degree murder. He has pleaded not guilty and faces life in prison if convicted at his scheduled September trial.

Authorities allege that Hudson sexually assaulted Kepner before fatally strangling her. He then wrapped her body in a blanket and hid it under the bed in the cabin they were sharing.

Hudson was reportedly “obsessed” with his stepsister and had previously attempted to sexually assault her.