Statutory Rape Florida

[Shaine]

Hello. I have been going out with my girl friend for 7 months now. When we first started dating i had just turned 18 and she turned 16 2 months following. She is now 16 i am 18 and we live in the state of Florida. Her parents have threatened before when we have pissed them off to get us in trouble with the law and now again they are really pissed at her because she lied to them about something. They know we have sex and always say they are against it but they know they cant stop us. The whole bottom line to this is if we piss her parents off enough will they be able to press charges against me? Thanks for your time!


Florida

 

[gobonas99]

A quick search of Florida state statutes through this site (click on "state resources" above, then "state statutes", then florida), Florida Law (Section 800.04, of Title XLVI) regarding lewd and lascivious behavior carries a mandatory sentence. Basically, this law states that if there is physical contact....not necessarily sexual intercourse (battery)...between a girl under 16 and a boy 16 or over, the girl or her parents can charge the male and have him arrested. Consent is not considered, just the ages of the participants.

Relevant portions of the law:
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.--

(4) LEWD OR LASCIVIOUS BATTERY.--A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
-commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) LEWD OR LASCIVIOUS MOLESTATION.--
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) LEWD OR LASCIVIOUS CONDUCT.--
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) LEWD OR LASCIVIOUS EXHIBITION.--
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
-in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


You can view the full text of the section here (which includes definitions of act described above, as well as links to the referenced sections regarding punishment): http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0800/SEC04.HTM&Title=->2002->Ch0800->Section 04


So basically, Shaine - YES, her parents WILl be able to press charges against you.

-Christina

 

[Shaine]

final comment doesnt make sense?

Hey thanks so much for ur reply but i dont understand why u said they can file charges. everything that u posted about commiting a crime said that if the person was under 16. meaning if she was under 16 i could get in troulbe. no where in there does it say anything about someone that is 16yrs old having sexual activity with someone that is 18. so there for my conclusion was i cant get in trouble but thats not what u ended the reply with u said i could so im confused. Can u please clear this up for me. By the way i was reading yesterday that in the state of FL the legal age of consent is 18 BUT if u r 16 or older u can have intercourse with someone up to the age of 24 so im 18 shes 16 meaning we cant get in trouble. am i correct. Thanks for ur time.

 

[gobonas99]

Sorry - I mis-read..thought you said she was turning 16 in 2 months, meaning she was still 15. Sorry about that.

But personally, though... You are an adult. She is still a CHILD. You really should keep it in your pants, or find someone your own age. I mean - are you really prepared for the possibility of being a father at 18? Because birth control is not fool proof, you know.

 

[Shaine]

One more thing.

I called the local sheriffs office today and someone there told me that her parents can still have me brought up on charges. im so confused i dont uderstand. Rule if she is 16 she can have intercourse with someone up to 24 for the state of FL. but then again i have everyone that doesnt know what they are talking about telling me they think that i can still get in trouble and today it was confirmed by someone at the sheriffs office. was that person mistaken or did they misuderstand? From a lawyers point of view what the heck is the true and final answer? Can this situation have me thrown in jail or not? Thanks again.

 

[Son of Slam]

Re: One more thing.

Can this situation have me thrown in jail or not? Thanks again.

You tell us. If you can get on a computer at the jail.

 

[Crusaader]

As a matter of fact, a person 16 or 17 years of age can consent to have sex with a person who is up to the age of 24 in the state of Florida. If a person 24 years of age or older has sex with a person 16 or 17 years of age, then that person has committed the offense of "Unlawful Sexual Activity with Certain Minor" FS 794.05. It is perfectly legal for teens, in Florida and many other states, to explore their sexuality safely with another person close to their age group.

That won't stop the parents from attempting to file charges against you and the sheriff may or may not come and arrest you. However, it is ultimately up to the State of Florida on whether or not they want to prosecute a case like that. Chances are, they won't. IF it were to go to trial, and IF you didn't waive your right to a trial by jury, the prosecution would be hard-pressed to prove to that jury exactly WHY you should go to prison.

 

[Crusaader]

As a matter of fact, a person 16 or 17 years of age can consent to have sex with a person who is up to the age of 24 in the state of Florida. If a person 24 years of age or older has sex with a person 16 or 17 years of age, then that person has committed the offense of "Unlawful Sexual Activity with Certain Minor" FS 794.05. It is perfectly legal for teens, in Florida and many other states, to explore their sexuality safely with another person close to their age group.

That won't stop the parents from attempting to file charges against you and the sheriff may or may not come and arrest you. However, it is ultimately up to the State of Florida on whether or not they want to prosecute a case like that. Chances are, they won't. IF it were to go to trial, and IF you didn't waive your right to a trial by jury, the prosecution would be hard-pressed to prove to that jury exactly WHY you should go to prison.