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  1. #11

    Default Re: Florida Age of Consent, Statutory Rape Laws

    I believe that if he is 17 and she is 13 then he is not doing anything illegal
    If she's under 16, ANY type of sexual activity is illegal!!!!!!

  2. #12
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting aardvarc
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    If she's under 16, ANY type of sexual activity is illegal!!!!!!
    Well you are technically right. A person has to be at least 16 to give any kind of consent. So a 13 year old can’t give legal consent; However, a person must be AT LEAST 18 (FL only, it varies in other states) to be convicted of statutory rape. So you cannot bring up any charges aginest anyone under 18 having sex with anyone under 18 UNLESS its sexual battery(or similar charges). So therefore, consensual sex between a 17 and 13 year old in FL is legal.

  3. #13
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting fallout788
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    Well you are technically right. A person has to be at least 16 to give any kind of consent. So a 13 year old can’t give legal consent; However, a person must be AT LEAST 18 (FL only, it varies in other states) to be convicted of statutory rape. So you cannot bring up any charges aginest anyone under 18 having sex with anyone under 18 UNLESS its sexual battery(or similar charges). So therefore, consensual sex between a 17 and 13 year old in FL is legal.
    Please post the relivent statute from the FLORIDA Criminal Code. Thanks.

  4. #14
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Here's the actual law (additional laws may apply depending on the facts):
    Quote Quoting Florida Statutes, Sec. 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; 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.

    (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.
    (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.
    (7) Lewd or Lascivious Exhibition. --
    (a) A person who:
    1. Intentionally masturbates;

    2. Intentionally exposes the genitals in a lewd or lascivious manner; or

    3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

    in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

    (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition 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 a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    (8) Exception. -- A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.

  5. #15
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    Feb 2007
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting aaron
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    Here's the actual law (additional laws may apply depending on the facts):
    Thanks Aaron...I had taken the time to look up the stat's but was very ....curious...if "fallout" had bothered. Guess s/he didn't.

  6. #16

    Default Re: Florida Age of Consent, Statutory Rape Laws

    I believe the mods have "removed" fallout thanks to wildly inaccurate information being spouted as "fact".

    TY mods.

  7. #17
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting aardvarc
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    I believe the mods have "removed" fallout thanks to wildly inaccurate information being spouted as "fact".

    TY mods.
    I, too, Thank the Mod's!!


  8. #18
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    Jul 2010
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    16

    Default Re: Florida Age of Consent, Statutory Rape Laws

    I will say that think about what you are going to do and think back when you were her age and his age. If this young man gets charged considering its florida he will be on the registry but can be taken off considering Adam Walsh Act has just recently passed but will still have a terrible mark on his record regardless of his age. Now, if this young man was having sex with your daughter, it is prosecutable, but remember these are kids. Back in the 70s and 80s a girl in the 7th grade was age 13-14 and liked a young a man who was a junior or senior who was 4 years older or 5 but regardless the 18 year old in this day and age, is committing a crime whereas, in those days, it would have been thought of as young love.

    I am not condoning anything here, but I just want you to think about when you were their age how you carried yourself. These laws were built out of anger and emotion and not out of common sense. I invite you to check with the department of justice and recent states regarding child romeo and juliet cases. Dont be like everyone else please, just take the time and think what would happen to that young mans life for doing something that most of us have done when we were teenagers.

    Good luck

  9. #19
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    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting Barthel
    View Post
    I will say that think about what you are going to do and think back when you were her age and his age. If this young man gets charged considering its florida he will be on the registry but can be taken off considering Adam Walsh Act has just recently passed but will still have a terrible mark on his record regardless of his age. Now, if this young man was having sex with your daughter, it is prosecutable, but remember these are kids. Back in the 70s and 80s a girl in the 7th grade was age 13-14 and liked a young a man who was a junior or senior who was 4 years older or 5 but regardless the 18 year old in this day and age, is committing a crime whereas, in those days, it would have been thought of as young love.

    I am not condoning anything here, but I just want you to think about when you were their age how you carried yourself. These laws were built out of anger and emotion and not out of common sense. I invite you to check with the department of justice and recent states regarding child romeo and juliet cases. Dont be like everyone else please, just take the time and think what would happen to that young mans life for doing something that most of us have done when we were teenagers.

    Good luck


    And this helps how?

    Did you even read the thread?

  10. #20
    Join Date
    Jul 2010
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    16

    Default Re: Florida Age of Consent, Statutory Rape Laws

    Quote Quoting Dogmatique
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    And this helps how?

    Did you even read the thread?
    No it doesnt help with the answer they were seeking, and yes I read the OP, and youre right, ill keep my mouth shut and keep my opinions to myself

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