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Statory Rape When Both Parties are Minors

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  • 08-27-2012, 06:05 PM
    minimid
    Statory Rape When Both Parties are Minors
    My question involves criminal law for the state of: Florida
    I live in the state of florida and my son is 16. He had sex with a girl that is between the age of 14 and 15. Is it a fellony? :confused:
  • 08-27-2012, 06:15 PM
    Disagreeable
    Re: Fellony
    No, generally speaking, however we cannot speak of the specifics of the situation.
  • 08-27-2012, 06:30 PM
    jk
    Re: Fellony
    it's spelled:

    felony


    and if she has not reached her 15 birthday, she is 14.

    and yes, it is a felony.


    Quote:

    (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
    and there are other crimes that could possibly be charged as well.
  • 08-27-2012, 08:02 PM
    aardvarc
    Re: Fellony
    And yes, that means he can be charged as an adult, and face lifetime sex offender registration. Your son needs an attorney, ASAP. Florida is one of the most fervent states in the country when it comes to severe sentences for those who have sex with minors under 16. Prison is a possibility here, so for your son's sake, move sooner rather than later.
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