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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default I'm 15, Can I Get in Trouble for Dating 18 Year Old

    My question involves criminal law for the state of: Florida

    Hello, I am 15 and have been dating a 17 year old for about 6 months. However he is turning 18 this coming May. We are sexually active. I turn 16 in September. I am wondering what the laws are about this. Ive done some research but I am still very confused. So I have a few questions;;

    Can I continue dating him when he turns 18?
    If not, when can I go back to dating him? Do I have to wait until I am 18 to date him?
    What would happen if we did date when he turned 18?

    Thanks in advance.

  2. #2

    Default Re: Im 15, Can I Get in Trouble for Dating 18 Year Old

    Your boyfriend could already be looking at criminal charges. HE needs to be speaking to an attorney.

    Did you read the sticky for this forum:

    http://www.expertlaw.com/forums/showthread.php?t=25899

    Is your boyfriend really ready to risk arrest, incarceration, and the possiblity of life-long sex offender registration based on an answer you got off the internet?

    If you want to know if something of this magnitude is legal, you (or more importantly HE) needs to ask a licensed attorney - especially since Florida is VERY tough on those who commit sex crimes against children. Either that or if the law if too confusing, stop having sex unitl you can figure it out (although even that won't protect your boyfriend from criminal action he has ALREADY participated in).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,559

    Default Re: Im 15, Can I Get in Trouble for Dating 18 Year Old

    Look up Section 800.04, Florida Statues.

    From what I am reading - if you and your b/f have any sexual contact, he is looking at the rest of his life on the Sex Offender Registry and MANDATORY prison time. Your parents can file charges of Statutory Rape against him. He can also be charged with Lewd and Lascivious Battery.

    The rule of thumb here is: If you have to ask, don't do it....

    Definitely take Aardvark's advice and have him talk to a lawyer.

    Bear in mind: If you can't have sex until you turn 18...well, it's not going to be possible to have sex if he is in prison...


    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. History.--RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409.



    Update 06-23-01: Comments from Email:
    Florida Law (Section 800.04, Florida Statues) regarding lewd and lascivious behavior carries a mandatory sentence. This law has turned many teenage boys into sexual offender. If there is physical contact....not sexual intercourse (battery)...between a girl under 16 and a boy 16 or over, The girl or her parents can charge the male and have him arrested. Consent is not considered, just the ages of the participants.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,023

    Default Re: Im 15, Can I Get in Trouble for Dating 18 Year Old

    We don't answer this type of question in this forum.

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