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  1. #1
    Join Date
    Jan 2011
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    1

    Default Florida Statutory Rape Laws

    My question involves criminal law for the state of: Florida
    There are several earlier threads (back to 2006) with varying information about statutory rape. I'm the mother of a 17 year old boy and 14 year old girl. Neither is sexually active, in fact my son has just started dating and the girl is 15. My 14 year old daughter is very interested in a high school senior who just turned 18. I hear a plethora of opinions from them, their friends, and other parents concerning statutory rape and what actually constitutes an offense. This includes everything from my daughter getting caught in an 18 year old boys car with her socks off to a host of wild other scenarios.

    I'm a reasonable parent, not litigious by nature. I would just like to know "the real story" on what constitutes a sexual offense (either by a 17 or 18 year old boy with my daughter or a 14 or 15 year old girl with my son). I'm amazed by the number of "shade tree attorneys" who offer opinions, frightening kids and parents with wild rumors. I don't want to frighten my children, simply raise them with good standards and the right information to encourage responsible behavior.

    Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,021

    Default Re: Florida Statutory Rape Laws Update

    Part of the problem is, there are a lot of laws that come into play with a minor. Some involve penetration, others not. Here are a few that would apply to children in your age situation:

    for use in the following crimes
    (1)DEFINITIONS.—As used in this section:
    (a)“Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose
    .


    (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.
    (b)An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
    (c)1.An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
    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.
    (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.
    (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.
    (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
    .
    (b)An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    (c)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.
    there are other crimes from contributing to the delinquency of a minor that can often be applied and sexual battery, which, depending how it is read and interpreted, can be applied to many situations:

    http://www.leg.state.fl.us/Statutes/.../0794.011.html

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