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  1. #1

    Default 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    My question involves criminal law for the state of: Florida
    My thirteen year old daughter has informed me she is pregnant by a 16year old boy. It was consensual but they have broken up and he wants nothing to do with her. Is he is violation of any laws?

  2. #2
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    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    It wasn't "consensual" in the eyes of the law. Neither is old enough to consent to sex. The age of consent in Florida is 18.

    I would be speaking with the police and the county prosecutor about statutory rape charges.
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  3. #3
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    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    The only possible statute here is 800.04:

    (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.

  4. #4

    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    Divemedic,
    Thank you very much for the information. Based on this I will be contacting a detective in the major crimes unit that my attorney has recommended. This is not for revenge but boys/men cannot just walk away with no consequesnces and we intend to pursue it to the fullest extent of the law. This site and your information has been invaluable. I will keep you posted. Again, thank you.

  5. #5
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    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    In addition to criminal charges, make sure you prove paternity so the little punk can pay child support until the child is 18. You might even be able to sue the parents for child delivery and care costs, but that would take some research by a qualified attorney.

  6. #6
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    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    Didn't the 13 year old commit the same crime?

  7. #7

    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    No, because

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

    goes on to outline:

    (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.

    If he was 15, he could succeed in the arguement that the parties were "co-victims". Since the victim is under the prescribed age, and he is NOT (meaning the victimization aspect wouldn't apply to him in this case), the deliniation of 16 casts him in the role of "offender".
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  8. #8
    Join Date
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    Default Re: 13 Year Old Daughter Pregnant By 16 Year Old in Florida

    Wasn't that exactly what was decided in the Florida Supreme Court ruling? State v. B.B., 637 So. 2d 936

    "We agree with the opinion of the Fourth District Court of Appeal in Victor v. State, 566 So. 2d
    354 (Fla. 4th DCA 1990), that the purpose of section 794.05(1), Florida Statutes, is "to protect
    minors from sex acts imposed by adults." Victor, 566 at 356. Here, though, section 794.05 is not
    being applied in furtherance of the purpose delineated by the district court in Victor. Section
    794.05 is not being utilized as a shield to protect a minor, but rather, it is being used as a
    weapon to adjudicate a minor delinquent. Thus, we do not hold that section 794.05 is facially
    unconstitutional but only that it is unconstitutional as applied to this 16-year-old as a basis for a
    delinquency proceeding."

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