Florida Sex laws

Florida

I was wondering where I can find the most recent law for underage dating/sex because I heard it switched to if two people are 16-24 years of age it's alright for them to date. I also wanted to know where I can get more information on the subject.

There are two main sections to point out along with a few others.

Chapter 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. Offenders are 18 years of age or older and victims are 12-16 years of age.

Chapter 794 Unlawful sexual activity with certain minors Which involves a person 24 years of age or older being engaged in sexual activity with persons 16 or 17 years of age.

Other laws include
827.071 Sexual Perfomance by a child
827.04 Contributing to the delinquency or dependency of a child
787.025 Luring or enticing a child.

Read them carefully. They are both used in statutory rape cases.

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.

(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) 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

live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.

(c) 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.

(d) 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.

History.--s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246; s. 5, ch. 2005-28.


Submitted by Anonymous (not verified) on Tue, 08/07/2012 - 08:40.

I am 22 years old and currently in a relationship with a girl who is 16 years old. Me and her have no isssues with eachother whatsoever but her parents seem to have issues with me and her dating. They are trying to get a restraining order barring me from seeing or speaking to there daughter. Can her parents actually do this on her behalf despite her wishes against this happening?

Submitted by Anonymous (not verified) on Mon, 07/30/2012 - 19:46.

How does the laws work for same sex relationships? Do the age requirements stay the same and if it is 2 girls what constitutes sexual activity?

Submitted by Anonymous (not verified) on Sun, 07/01/2012 - 21:53.

I'm 19 and I started to like this girl who's 17, and she likes me too, it won't be a problem if I go out on a date with her??? I can get under arrest if I go out with her?? I get under the title sexual offender?? Can someone report me as a sexual offender?? Please reply ASAP

Submitted by Anonymous (not verified) on Fri, 06/08/2012 - 20:13.

I live in florida and I'm 22 an my girlfriend is 16 she turns 17 in november can her parents-guardian get me arrested if we have sexual intercourse even though its my girlfriends own free will

Submitted by Anonymous (not verified) on Tue, 06/05/2012 - 02:58.

So, me and my boyfriend are 9 years apart. Im 15, and he's 24. My dad called the cops on him, but told them that he didnt want him arrested just warned him to stay away from me. Is there ANY way that we can possibly be together. Pleasssssse, i need help!

Submitted by Anonymous (not verified) on Wed, 05/09/2012 - 14:36.

Im 14 about to turn 15 and my boyfriend is 16 about to turn 17. Is it legal for us to be an "item" amonst other things we may or may not do

Submitted by Anonymous (not verified) on Sat, 04/28/2012 - 10:18.

Ok my so 16 at the time got his 15yr old girlfriend pregnat.. Because he was 16 and her 15 can he face charges and if so could those charges also be brought apon her.. Please help some one?

Submitted by Anonymous (not verified) on Thu, 04/26/2012 - 13:06.

I was wondering is it legal for a 14 yr old to get pregnant by a 17 yr old? What will happen? In the state of Florida if the mother of the 14 yr old doesnt want to press charges?

Submitted by Anonymous (not verified) on Sun, 04/01/2012 - 17:30.

I am 17 and my boyfriend will be tuning 24 on April 13th. We know that the law say we cannot have any type of sexual contact and we have decide to abide by that law until my birthday in June. But I am wondering if kissing is considered as sexual contact. I would really like a clarification of everything we "can" and "can not" do until I am 18 in June. I would hate to jeopardize him with any criminal arrest.
Thank you.

Submitted by Anonymous (not verified) on Sat, 03/24/2012 - 22:04.

is it ok for a 12 y/o turning 13 this year to be dating a 15 y/o that is turning 16 this year? He turning 16 a month before she turns 13.

Submitted by Anonymous (not verified) on Wed, 03/21/2012 - 22:08.

im 15 and i realllllly like (and have been liking) this one boy who is 20 for about two years. hes been to jail for something completly unrelated to underage dating, but if i can get parental consent would it be okay? and would i also need my stepdad's permission (even though he hasnt adopted me and isnt my legal guardian)?

Submitted by Anonymous (not verified) on Sat, 03/03/2012 - 17:37.

my friend is 20 and he's been dating a girl who is 15 years old now for about a little bit over a year now and they've had sex but she told him that she was 16 about to be 17. Now she is pregnant with his kid and her parents say if he contacts her or see's her they will put him in jail. Im just wondering if he can still got to ail even though she told my friend that she was 16 going on 17 and if he can still have custody of his child when it's born? any answer will be helpful thankyou

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:05.

If this happened in Florida:

The laws are pretty clear in regards to this. Your friend who's 20 would be arrested for Lewd and Lascivious battery due to having sex with a 15 year old. If she is pregnant the state will wait until the baby is born and get a court order for a DNA sample from the baby to submit to FDLE. If the DNA matches to the suspect (DNA court order as well) then he'll most likely be charged.

Submitted by Anonymous (not verified) on Wed, 02/22/2012 - 09:44.

i am a 17 year old female and fiance is 31 state just picked up the charges for 794.05 (the 16 to 24 law) we have been together for about two years now and my mother has known. i have also lived with him for around a year with my mom knowing. she would pick me up to go shopping and drop me right back off, she also had dropped me off there with all of my stuff. i know this sounds crazy but we love eachother very much and i started the whole thing they took him in for the night cause the cop manipulated the truth of us having sex out of us, so i bailed him out that night with some help. we have a no contact order till the court date, but i need help because i want to know if there is any way i can get these state charges removed so i can have my husband back, i love him very much and hes not the bad guy in the situation if any thing i am i pushed and pushed to get him we were going to wait till i was 18 but i was stupid and pushed the situation to come sooner. now also my birthday is in just a couple months, but if he doesnt have his court date before then i still cant see him. they told me that it shouldnt be that bad because my mom did know she did drop me off with my stuff and i am not a victim but EVERY ONE is lieing to me right now i dont know what and who to believe, all i know is i want my fiance back i dont care if i have to wait a lifetime but i would love it so much if i could get help to get these charges removed PLEASE HELP ME PLEASE IM DESPERATE I HAVENT EATEN OR SLEPT IN DAYS WITH OUT HIM

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:08.

I can understand that you're in love and in desperate need of information. Depending on the area that you're in, he'll be prosecuted. The Romeo and Juliet law won't apply to your case because of the huge age difference. Now as a LEO that specializes in sex crimes, how exactly did the cops "manipulate" you into admitting your having sex? It's a yes or no question. Either way, he's screwed.

Submitted by billy (not verified) on Wed, 02/01/2012 - 23:50.

my friend says she is talkin to a guy in florida and she is going to see him well he showed her his sex offender page said he got molestation charges put on him for having sex with a 14 yr old when he was 16 is this true or is he lying ???

Submitted by Anonymous (not verified) on Fri, 01/20/2012 - 06:34.

I am 16 and my boyfriend is 22 years old can he get in trouble if we decide tgo engage in sex we have been dating for 2 years and we are kind of afraid to make any stupid decisions that could cause us both pain my parents have approved of this relationship...is it legal for us to have sex???

Submitted by Anonymous (not verified) on Tue, 05/01/2012 - 00:28.

It all depends on what state you live in.
The legal age of concent for sexual actvity.
There may be some condisons to the law also.

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:12.

Florida's age of consent is 16. There's a catch. A 16-17 year old can legally have sex with someone who's 23 years and 364 days old. If the person turns 24 then the "unlawful sex with certain minors" charge could apply.

Confusing enough? Well,

There are some areas in Florida that PROBABLY wouldn't charge someone if the person due to turn 18 within a couple months though. That just depends on how agressive the State attorney's office is.

Submitted by Anonymous (not verified) on Sun, 11/27/2011 - 19:13.

Is it legal for a 14 year old girl to have sex with a 17 year old guy? And if they were previously dating, would it still be legal for them to have sex when he is 18 and she is 15? Many thanks.

Submitted by Anonymous (not verified) on Sat, 10/08/2011 - 21:35.

Im 19 but finishing my last year in High School. If a girl who is 16 or 17 likes me, would I be in the wrong if I had any sexual contact with her at her own free will?

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:13.

No you're fine. Just hope she doesn't have a dad that has a shotgun though.....

Submitted by Anonymous (not verified) on Thu, 09/29/2011 - 11:18.

hey i'm 24 and an 18 year old wants to come "kick" it with me...what are the florida laws ...I hear if you are seperated by 3 years or more at 18 it is against the law??

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:02.

No, 18 is the legal age.

Submitted by Anonymous (not verified) on Fri, 03/16/2012 - 19:06.

ANSWER IS YES IT IS LEGAL ONCE A PERSON MALE OR FEMALE TURNS 18 THEY CAN ENGAGE IN SEX AS LONG AS BOTH PARTIES AGREE ONCE YOU ARE 18 YOU ARE OF LEGAL AGE

Submitted by Anonymous (not verified) on Sat, 09/17/2011 - 12:18.

So, according to this I'm understanding that it is okay for myself, being 17 years old, and my boyfriend, 22 years old are okay to date and also engage in sexual intercourse. I already knew about this i just wanted to reassure myself and him. Because of course he is nervous as I would be too.

Submitted by Anonymous (not verified) on Thu, 08/11/2011 - 23:20.

If an 18 year old has sex with a 15 year old what are the potential charges if it was all consensual?

Submitted by Anonymous (not verified) on Fri, 04/27/2012 - 06:14.

Lewd and Lascivious battery. Wait until she's 16.

Submitted by Anonymous (not verified) on Mon, 08/08/2011 - 14:30.

i am 15 and i want to know if i can be sexually with a 25 year old girl......and if there is any possible way i can be with her without involving prison if my mom and dad agree.....if the anwer is no then is there any thing i can do to be with her or way i can be with her......i want to do it...and i have my parents concent and my concent.....help i really love this girl....and if i were to have a kid with her would it be possible.....

Submitted by Anonymous (not verified) on Mon, 07/04/2011 - 21:37.

I'm 16 my girlfriend will be 15 this October. Is it legal? Please help.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Lines and paragraphs break automatically.
More information about formatting options