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  1. #1
    Join Date
    Aug 2005
    Location
    Florida
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    1

    Default Statutory Rape Law in Florida

    My daughter was 18 when she became pregnant. Her boyfriend was 15. She is now 19 and the father is 16 and their baby is 3 months old. Can she get arrested for having sex with a minor? Questions were raised when she tried to reapply for Medicaid. Nothing has been questioned until now. My daughter, her boyfriend and the baby now live with me and my husband.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Statutory Rape in Florida

    Florida's "statutory rape" law provides:
    Quote Quoting Florida Statutes Section 794.05 - Unlawful sexual activity with certain minors.
    (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

    (2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

    (3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

    (4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.

  3. #3
    Join Date
    Aug 2005
    Location
    Florida
    Posts
    3

    Default

    i keep seeing things for if one person is over 18 years of age, what if a boy is 17 and a girl is 15
    hypothetically, the boy and girl may or may not have had sex, the girls father who she no longer lives with or speaks to thinks they have and threatens to call the police, could the seventeen year old boy be in trouble? the father has no proof and only the word of his other daughter, who says this happened over 6 months ago

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Florida - Lewd & Lascivious Conduct

    Florida law also provides:
    Quote Quoting Florida Statutes, Section 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
    (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.

    (b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

    (c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

    (d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

    (2) PROHIBITED DEFENSES. -- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.

    (3) IGNORANCE OR BELIEF OF VICTIM'S AGE. -- The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.

    (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) 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

    live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.

    (c) 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.

    (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.

    (8) EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.

  5. #5
    Join Date
    Nov 2005
    Location
    florida
    Posts
    1

    Default Clearfication please

    Florida Statutes Section 794.05 - Unlawful sexual activity with certain minors. wrote:
    (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.
    AM I to understand that if individuals under the age of 23 can have sex with a 17 years old? Is this correct?
    Thanks

  6. #6
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    yes, persons 23 and under can have sex with 16 and 17 y/o's in the state of florida.

  7. #7
    Join Date
    Jan 2006
    Location
    eustis
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    1

    Default


  8. #8
    Join Date
    Feb 2006
    Posts
    1

    Default

    this is kind of hazy to me. im 17, i will be 18 in may. my girlfriend just turned 15 in january. what can and cant we do? i want to know to the full extend from talking, to holding hands, to kissing, to sex. what can and cant we do? thanks

  9. #9
    Join Date
    Mar 2006
    Location
    FL
    Posts
    2

    Default mother contradicts all of this.

    I am 16 soon to be 17 and my boyfriend is 19. We are sexually active and have been for almost a year. My mother forbids it and says if I have sex with him she can get him charged with child molestation. I think she's lieing to me when she says she called the courthouse and spoke to someone on the subject. Please let me know what you think as it is important to me and my boyfriends future's- seperate and together.

  10. #10

    Default Re: Statutory Rape Law in Florida

    I'm 16 years old and my boyfriend is 18..When we started dating he was 16 and I was still 16..We have began having sex..I keep seeing different information so I'm not sure if it's legal or not.. I will be 17 next month which means that our age gap isn't even a full 2 years..Is it ok for us to have sex or do we have to stop and wait untill I turn 18?

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