32 Year Old and a 16 Year Old

My question involves criminal law for the state of: florida

I have a family member that is 32, she is in a relationship with a boy that just turned 17, he was 16 when it started. I am worried she will go to jail, because it is implied that they are intimate together.

What can I say to change this persons mind, they think that what they are doing is legal because this person just turned 17.

:wallbang:

She won't go to jail. Jail is for misdemeanors. She'll be headed to prison and get to enjoy sex offender status, registration, restrictions on where she can live, what jobs she can hold, etc. etc. etc.

If you're not going to report this felony activity on behalf of her minor victim (shame on you if you don't), at least show her the law:

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.

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Quoting legalstuff

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My question involves criminal law for the state of: florida

I have a family member that is 32, she is in a relationship with a boy that just turned 17, he was 16 when it started. I am worried she will go to jail, because it is implied that they are intimate together.

What can I say to change this persons mind, they think that what they are doing is legal because this person just turned 17.

:wallbang:

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You can go to the following site, look up the punishments according to the bolded parts, and pass on the information. She is committing a felony of the first degree.

http://www.flsenate.gov/Statutes

794.011* Sexual battery.-- 8(b)**Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Oops... Aardvarc's reference is the correct reference unless your relative held a position of authority with regard to the 17 year old.:o

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Quoting queenie2

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Oops... Aardvarc's reference is the correct reference unless your relative held a position of authority with regard to the 17 year old.:o

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She did have a position of authority over him, about 5-6 yrs ago, he lived with her, she said he was like a son, he called me auntie, he was like a family member. he is three yrs older than her oldest son.

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Quoting legalstuff

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She did have a position of authority over him, about 5-6 yrs ago, he lived with her, she said he was like a son, he called me auntie, he was like a family member. he is three yrs older than her oldest son.

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You need to tell the authorities about this. This boy is being sexually abused. Call the police. There is something VERY wrong with your "family member".

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Quoting legalstuff

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She did have a position of authority over him, about 5-6 yrs ago, he lived with her, she said he was like a son, he called me auntie, he was like a family member. he is three yrs older than her oldest son.

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Then it sounds like first degree felony:

(b)**For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.
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(b)**$10,000, when the conviction is of a felony of the first or second degree.

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Quoting Baystategirl

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You need to tell the authorities about this. This boy is being sexually abused. Call the police. There is something VERY wrong with your "family member".

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DITTO!!!!!

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Quoting queenie2

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DITTO!!!!!

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It is baffling to me that a person would know an adult is raping a child and be more interested in helping the rapist. I wouldn't care if the rapist was my son, daughter, father, mother, brother or sister, I would call and report it to the police...The protection of the child from this sick individual is paramount.

This family member has recently also told her husband and her best friend and a friend of mine. Aren't they liable to tell as well? The whole reason I am posting here is to get advice because it does bother me badly, and I can't see why it isnt' bothering anyone else that currently knows about it and they know more than I do from what I have been told.

This 17 yr old recently moved out ot the state, and now they only talk on the phone and text. His plans are to move back when he turns 18 in a year.

So nothing is 'happening' so to speak right now. I told this person I didn't want to know what was 'happening', they claim to be 'in love'.

You are a witness to a felony.

Your next action should be to dial 911.

And tell your relative to watch the news once in a while - I can think of four very public cases here in Florida just this year where a 30+ woman went to prison for schtuping a teenager. One was a teacher (got the increased charge due to position of authority), one was a worker at a juvenile detention facility (also got the increased charge), one was a neighbor, and one, get this, was a woman the teen knew from church.

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Quoting legalstuff

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This family member has recently also told her husband and her best friend and a friend of mine. Aren't they liable to tell as well? The whole reason I am posting here is to get advice because it does bother me badly, and I can't see why it isnt' bothering anyone else that currently knows about it and they know more than I do from what I have been told.

This 17 yr old recently moved out ot the state, and now they only talk on the phone and text. His plans are to move back when he turns 18 in a year.

So nothing is 'happening' so to speak right now. I told this person I didn't want to know what was 'happening', they claim to be 'in love'.

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Just so you know, her crimes are still actionable for 4 years after the fact. (I believe that's the SOL... someone please correct me if I'm wrong!) So, if they are intimate now, she can still be prosecuted when he moves back at 18. Also, their phones calls and text messages may be a violation of Florida code if they are of a sexual nature.

I understand your hesitation in reporting your relative. However, how would you feel if this was your child and his/her teacher? How would you feel if this was your child, and you found out that someone knew it was happening, but never said anything? How will you feel if your relative is caught and prosecuted, and your name surfaces as one of the adults who knew it was happening? You may not be held accountable legally, but morally?