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  1. #1
    Join Date
    Dec 2007
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    Default Florida Statutory Rape, 17 Year Old Boy And 12 Year Old Girl

    It has recently come to my attention that my 17yr old son (who will be 18 next month) has been engaging in sexual activity with a girl who is 12 (and will be 13 in February) and that she may be pregnant. Her parents have no idea and I assume that they will be just as shocked as I am.

    I would like to know what sort of legal repercussions my son could possibly face due to this situation and what we should do. Should the girl actually be pregnant my son wants and is willing to take care of his child and assume the parental responsibility which the child would need.

    Thanks,

    Brianna68

  2. #2
    Join Date
    Aug 2007
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    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    I have search every nook and cranny of the Florida criminal code, but I have found no law that would make this illegal. Not yet anyway. However, if you son continues this relationship past his 18th birthday he could be committing a sex offense. If convicted, he will have to register for life.

  3. #3
    Join Date
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    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    good news Blue.

    check out Florida statutes 800.04.

    (4)(a), (4)(b), (5)(a), (5)(d), (6)(a)1, (6)(a)2, (6)(c), (7)(a)2, (7)()3, (7)(b)2, (7)(b)3, (7)(d).

    There are several 2nd deg felonies and a 3rd deg felony and several misdemeanors in there that are applicable.

    If I were the 17 year old son, I would be speaking with an attorney now.

    One thing I found in Florida statutes that I thought was odd, but understandable.

    It is illegal for a registered sex offender to possess any erectile dysfunction meds, apparently even if they are prescribed to the person. I sure hope none of them have ED problems with their spouses 'cuz they ain;t getting any help from the doctors apparently.

  4. #4
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    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    Quote Quoting jk
    View Post
    good news Blue.

    check out Florida statutes 800.04.

    (4)(a), (4)(b), (5)(a), (5)(d), (6)(a)1, (6)(a)2, (6)(c), (7)(a)2, (7)()3, (7)(b)2, (7)(b)3, (7)(d).

    There are several 2nd deg felonies and a 3rd deg felony and several misdemeanors in there that are applicable.

    If I were the 17 year old son, I would be speaking with an attorney now.

    One thing I found in Florida statutes that I thought was odd, but understandable.

    It is illegal for a registered sex offender to possess any erectile dysfunction meds, apparently even if they are prescribed to the person. I sure hope none of them have ED problems with their spouses 'cuz they ain;t getting any help from the doctors apparently.
    I knew there had to be something. I'm just tired.

    Did you know that the romeo clause in Texas don't apply to sex offenders? Interesting case.

  5. #5

    Default Re: Florida Statutory Rape, 17 Year Old Boy And 12 Year Old Girl

    Ultimately, he could be facing felony criminal charges for lewd and lascivious actions against a minor. In addition, her parents can seek a restraining order against him to prevent him from seeing their daughter. Assuming she is pregnant, there will be the standard hearings and procedures to establish paternity, custody, visitation, and child support.

    You'll find relevent Florida statutes at:

    http://www.leg.state.fl.us/statutes/...ewSelection=Go

    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 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.

    (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; 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.
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  6. #6
    panther10758 Guest

    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    Quote Quoting blueeagle
    View Post
    I have search every nook and cranny of the Florida criminal code, but I have found no law that would make this illegal. Not yet anyway. However, if you son continues this relationship past his 18th birthday he could be committing a sex offense. If convicted, he will have to register for life.
    You found no law that says a 17 year old may engage in sex with a 12 year old! I dont think you looked very hard

  7. #7
    Join Date
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    Default Re: Florida Statutory Rape, 17 Year Old Boy And 12 Year Old Girl

    Brianna68;158342]
    I would like to know what sort of legal repercussions my son could possibly face due to this situation
    jail, at the worst

    and what we should do.
    HE should speak with an attorney to see if there is any way to soften the blow although I personally would suggest a lot of time with a therapist to figure out why a 17 y.o is even having ANY relationship with a 12 y.o..

    Should the girl actually be pregnant my son wants and is willing to take care of his child and assume the parental responsibility which the child would need.
    well that is good because regardless of what he wants to do, he would be legally required to spend lots of money on the care of the child and wil be required to do so for at least the next 18 years.

  8. #8
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    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    Quote Quoting panther10758
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    You found no law that says a 17 year old may engage in sex with a 12 year old! I dont think you looked very hard
    I suspect he was cruising the sexual offenses.

  9. #9
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    Default Re: Florida: 17yr Old Boy And 12 Yr Old Girl

    Quote Quoting panther10758
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    You found no law that says a 17 year old may engage in sex with a 12 year old! I dont think you looked very hard
    I was really tired last night. I probably missed it somewhere. I was starting to get worried that this might actually be legal.

  10. #10
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    Default Re: Florida Statutory Rape, 17 Year Old Boy And 12 Year Old Girl

    Quote Quoting jk
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    HE should speak with an attorney to see if there is any way to soften the blow although I personally would suggest a lot of time with a therapist to figure out why a 17 y.o is even having ANY relationship with a 12 y.o..
    I have to agree with you there. I was about to suggest this myself.

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