• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

was this illegal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

koei126

Junior Member
Florida:

I was 19, she was 15 (i was under the impression that she was 16, I'm sure thats what everyone says). We had sex, her parents found out and called the cops. Did I break the law? I was told that a 4 year difference is legal, but the story varies from person to person. I am so scared that I will go to jail and I need to know. Please someone tell me if I am going to get charged. Her parents didn't press any charges, they just filed a police report about it. Now it's all up to what the state attorney's office decides to do. What will happen to me?
 


Antigone*

Senior Member
Florida:

I was 19, she was 15 (i was under the impression that she was 16, I'm sure thats what everyone says). We had sex, her parents found out and called the cops. Did I break the law? I was told that a 4 year difference is legal, but the story varies from person to person. I am so scared that I will go to jail and I need to know. Please someone tell me if I am going to get charged. Her parents didn't press any charges, they just filed a police report about it. Now it's all up to what the state attorney's office decides to do. What will happen to me?
Make sure you don't speak to anyone without an attorney present. Aside from that since we don't have a crystal ball, we can't tell you what will happen to you.
 

koei126

Junior Member
do you think you know what my chances of getting arrested for this is? And what is the legal age difference in florida?
 

justalayman

Senior Member
doesn't make any difference if you knew or not:

794.021
Ignorance or belief as to victim’s age no defense.–When,
in this chapter, the criminality of conduct depends upon the victim’s being
below a certain specified age, ignorance of the age is no defense. Neither
shall misrepresentation of age by such person nor a bona fide belief that such
person is over the specified age be a defense.
(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.

2. An offender 18 years of age or older 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 second 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.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second 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.
DO NOT SPEAK TO THE POLICE WITHOUT AN ATTORNEY PRESENT.
 

koei126

Junior Member
one other thing, would it matter for anything that it happened the day before her 16th birthday? or am i screwed. im not trtying to be annoying here im just freaking out.
 

Proserpina

Senior Member
one other thing, would it matter for anything that it happened the day before her 16th birthday? or am i screwed. im not trtying to be annoying here im just freaking out.


It wouldn't matter if it was 20 seconds* before the clock struck midnight and automagically made her 16.

Stop posting. Speak to NOBODY about this, except an attorney.

Florida doesn't take this lightly.

*and let's face it, it likely..well, never mind.
 

justalayman

Senior Member
You have a right to freak out. You have the possibility of being charged with several very serious felonies. You need to be shopping for a lawyer and you need to quit publicizing anything else TO ANYBODY other than a lawyer about this.

Anybody you talk to is a possible witness against you. You should not talk to mom, dad, friends, neighbors, or anybody else that is not your lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top