Age of Consent Questions for Florida

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Florida. Ask your Question

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14 YEAR OLD BOY AND 14 YEAR OLD GIRL

:: May 04, 2009 10:44

IF A 14YR OLD BOY AND A 14YR OLD GIRL HAVE SEX WHAT IS THE CRIME AND CONSEQUENCE FOR THEM?

In Miami Florida, a sex act between two minors would likely fall to the jurisdiction of the Miami Dade Juvenile Services Department (JSD) and there may be a full assessment of both minors to identify unique needs and issues of both youth. JSD is partnered with representatives from law enforcement, social services, education and mental health. Criminal prosecution would not be likely for either juvenile unless there is a history of behavior traits that would establish cause for more serious action by the juvenile justice system. As far as the crime and the consequence, the matter would have to be assessed on an individual basis with the minors and their parents or guardians. The consequences can depend on any number of factors.

Parent Consent

:: February 07, 2009 08:31

My daughter is 16 and her boyfriend is 17. My ex-wife wants to book a hotel room for them to celebrate my daughters 17th birthday and I am totally against it.. What are the legal reprecautions this action could evolve.

Two scenarios come to mind:

  • No real legal risk: If the hotel room is the location for an event or birthday party and there is adult supervision throughout the duration of the event.
  • Possible legal risk and violations of hotel policies: If the hotel room is reserved by an adult, parent or guardian and teenagers are allowed to have a party without the adults supervision, there is certainly potential for problems. (i.e. injury accidents, potential property damages, noise or nuisance reports by other guests, potential legal violations such as underage drinking, drug use, sex and the like.) If Hotel policies are violated or criminal legal issues arise, there may also be potential for civil suets. It's all about liability and culpability. Minor's can not be legally bound or responsible for a contract, but the parents can. Minors are not allowed to rent hotel rooms, cars or apartments for that reason.
  • Certainly, not all teens are equal when it comes to maturity. There are teenagers who are responsible enough to handle situations like this and there are those who are not. It is always our opinion that destructive temptations present themselves often enough to teens without the adults in their lives encouraging or creating an open environment for them to find trouble. What you describe would certainly be a judgment call on the part of the parents and should be determined by the confidence level they have in their teenager's ability to make good decisions. Also, they should be certain the hotel doesn't have policies against it. There can always be legal issues that arise in any circumstances like this. For the teens, it all boils down to the decisions they make in the face of temptations that involve violating laws.

Florida Sex laws

:: November 14, 2007 13:50

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.

Juveniles age 14 and 12

:: November 12, 2007 14:29

Is it a crime for a 14year old boy to have sexual intercourse with a 12yr old girl. And what would be the charge.

The seriousness depends on many factors, but in general, yes, this would be considered a juvenile crime. Crimes are handled much differently in the Juvenile Justice system than adult criminal cases. If the actions of the 14 year old were not "violent" in nature, this case will likely remain in the juvenile justice system. The charges (if any) would be determined by a family court judge, and they would be based on many factors surrounding the details of the situation. Juvenile cases are closed from public view and the records are sealed. There are instances where juveniles can be transfered to adult court. In the State of Florida, a criminal prosecutor may file criminal charges (in adult court) against any juvenile age 16 or older who commits a felony, any juvenile age 14 or older who commits a "violent" felony or burglary, and any juvenile who commits a homicide. In addition, based on certain findings, juvenile court judges may waive juveniles under their jurisdiction who are age 14 or older to adult court. Juveniles Transferred to Adult Court The number of juveniles in Florida transferred to adult court increased to 3,408 in FY 2006-07, a sharp increase (17%) since 2005-06, when the total was 2,903.

do gynocologist need nurse present during an exam?

:: September 18, 2007 10:20

do gynocologist have to have a nurse present during an exam?

There is no law that we have found requiring this in Florida. Having a chaperone in the examination room has become fairly common place with many physicians as a protection for both patient and physician against possible legal or ethical issues; this includes both Male and Female physicians. Still, there are many physicians who do not use chaperones routinely for many reasons, not limited to a shortage of staff. Certainly, during any pelvic examination, or if it is your first visit to a new Gynecologist, the patient may request, or even insist, that a chaperone be present during a pelvic examination. No doctor should refuse this request and if they do, you may want to find another physician to examine you.

What about parent consent?

:: July 07, 2007 15:05

is it still illegal if your parent consents a relationship even though the age diffrence is up there? Or can the state still prosecute the man?

Yes, the state can still prosecute the man. If the age difference between the minor and the adult violates state law, it does not matter if the parents give consent. Parental consent does not override state law.

Underage sex

:: June 25, 2007 18:54

If a girl who is 13 and the boy is 16, is that statutory rape?

Not likely. Ultimately, the final decsion on the charges for the 16 year old would be up to a judge, but this appears to fall under a felony offense due to the age of the victim involved. A judge may also be faced with recommending the case for adult court. See (d) last paragraph below.

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(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.

Technicality - No signature?

:: May 23, 2007 10:25

Is it true that the arrest report has to be signed by the arresting officer and witnessed and/or sworn under oath to be "official"? In other words, if the arrest report doesn't include " Sworn to and subscribed before me this ____-Name -title of person authorized to administer oath" (something to that effect) is it null and void and considered a technical error?

This is a possibility. It would be best to contact someone locally, law enforcement, legal aid, court clerk, or an attorney in order to obtain this information. Policies and paperwork vary so widely from city to city, county to county, state to state. We would have difficulty researching this type of local issue due to limited staff. If this was an arrest made by city police, you would want to contact you local police station to obtain their procedure and policy. If county or state police made the arrest, the district court clerk should be able to assist you with this information. The District attorney's office is also one who would know this procedure very well and would probably want to hear the details of a situation like this.

Can a gynocologist tell your parents in florida if your a virgin?

:: May 22, 2007 17:22

In Florida can your gynocologist tell your parents without your permission you are not a virgin and had sex if your are between the ages of 14 or 15?

This would depend on a few factors. If you went to a facility alone and you were checked or treated for an STD, your information regarding the visit and all medical treatment is to remain confidential. Florida Statute Title XXIX Chapter 384 Sexually Transmissible Diseases Section 384.30 Minor's consent to treatment, the fact of consultation, examination, and treatment of a minor for a sexually transmissible disease is confidential and exempt from the provisions of 119.07. Otherwise, Parents generally have the right to make health care decisions for their children and so are by default considered the personal representatives for decisions about protected health information (PHI) access, use and disclosure for unemancipated minors. However, minors as they grow older have varying degrees of "emancipation" for health care decision-making, and so, with that, comes control over PHI associated with those decisions As in many other states, Florida gives special statutory attention to the matter of minors' abortions. Under the Parental Notice of Abortion Act, a termination of pregnancy may not be performed or induced on a minor unless notice has been provided to at least one parent, or to the minor's legal guardian, at least 48 hours in advance. (390.01115) Divorced parents have full rights to access their minor child's health records, and to communicate with the child's health care providers, even if they are not the primary residential parent, unless a court order has specifically revoked or limited those rights. (61.13) One parent cannot block another's access, absent such an order. However, as always, if the minor has the right to seek treatment without parental consent, he/she can block the access of either/both parent(s) to the health information associated with the decision. (61.13) Extended family members who have temporary legal custody of a minor child -- or the putative father that has physical custody -- may obtain access to and secure copies of the minor's medical, dental and psychiatric records. Again, if the minor has the right to seek treatment without parental consent, he/she can block this access too. (751.01) Sources: Florida Statutes University of Miami Miller School of Medicine Minors, privacy rights of Florida. University of Miami Miller School of Medicine Minors, privacy rights of HIPAA University of Miami Miller School of Medicine preemtion, overview Florida

Florida Statute of Limitations for Crimes Against Children

:: May 21, 2007 09:15

Is there a point in time in which someone can no longer be tried for statutory rape? For instance if it happened for or five years ago can the person still be charged for it?

This really depends on the specific violation that took place; detemining the violation depends on age of the minor at the time of the sexual activity and age difference between the minor and the adult. Below is just a small portion of the statute relating to minors. It's a fairly lengthy statute found under Title XLVI Chapter 775.15 Time limitations; general time limitations; expectations.

Statute of limitations in criminal and civil action for Offenses against children.
Criminal Prosecutions Citation: Ann. Stat. § 775.15 There is no statute of limitations for sexual battery in the 1st degree against a victim under 18 years of age. The statute of limitations will not begin for a victim under 18 years of age until he or she reaches 18 years of age, or until the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. The statute of limitations for certain offenses extends for a period within 1 year after the identity of the accused is established or should have been established by the exercise of due diligence through analysis of DNA evidence, if a sufficient portion of the physical evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused. The offenses included are:
  • Sexual battery
  • A lewd and lascivious offense
Generally, the following statutes of limitation apply:
  • For a felony in the 1st degree, it is a period within 4 years after commission of the offense.
  • For any other felony, it is a period within 3 years after commission of the offense.
  • For a misdemeanor in the 1st degree, it is a period within 2 years after commission of the offense.
  • For a misdemeanor in the 2nd degree, it is a period within 1 year after commission of the offense.
Civil Actions Citation: Ann. Stat. § 772.17 Generally, the statute of limitations for filing a civil claim based on a criminal act is a period within 5 years after the cause of action arises. More Information regarding statute of limitations laws

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