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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:: May 07, 2007 22:56

I'm 17, can or will I go to jail if I have sex with my girlfriend(13)? If I do go to jail, how long will I be in for? Even if both of us want it, and we love each other?

At 17 years of age, you would likely see a family court judge first. The family court judge would evaluate the case and make a determination as to whether to send it to adult court. In most states, 17 year olds are tried as adults in felony cases. Under Title XLVI Chapter 800 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age. 800.04 Lewdness; Indecent Exposure 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 a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 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. 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 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. PROHIBITED DEFENSES.--Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section. 775.082 PENALTIES: For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

Age of Consent

:: April 13, 2007 02:01

I'm 19 and my girlfriend is 16, is it illegal for us to have sex?

If both parties are under the age of 24, in Florida the age of consent to have sex is 16. This means that as an adult, you would likely NOT be charged with any sexual offense; however, at 16, the girlfriend is still a minor under the legal authority of her parents. This means, the parents are within their legal rights to object to the relationship and take legal action, if necessary, against the 19 year old adult to prevent the relationship or sexual act from occuring. Aside from the sexual offense laws, there are other laws that may be used against the 19 year old as a protective measure. It really depends on how motivated the parents are, and how well they know their rights.

statutory rape/consentual sex

:: October 16, 2006 18:28

i'm 17 and my boyfriend is 18, is it illegal for us to have consentual sex, and can anyone call it statutory rape? --confused

It is a bit confusing. It is a bit confusing. The age of majority in Florida is 18 (at which time you are legally an adult) The age of sexual consent in Florida is also 18; however, the age of consent is 16 if both parties are under the age of 24. The age of consent is also 16 if the adult is 24 years or older and is married to the minor. Remember, as long as you are a minor you are under the legal authority and control of your parent or guardian. The parent has ultimate legal authority over "where" and "with whom" the minor can be.

crossing state lines

:: March 13, 2006 06:01

I live in florida. I am older than 24. The girl I am interested in is 16. We live near the boarder of florida and georgia. If we go into georgia,were the legal age is 16. Would the state of florida have any right to persue legal action against me?

Taking someone under 18 across state lines for the purposes of sexual activity is illegal under Federal law, and it would be the United States prosecuting the case.

Changing of age with same partner.

:: February 08, 2005 16:50

I have read the law on this website stating that a person under 24 can engage in sexual activity with someone 16 and above. When I was 23, I started having a consensual sexual relationship with my 17 year old girlfriend. We are still together and I have turned 24. Is sexual actvity still illegal? Please help!

In Florida, a person 24 years old or older having sexual activity (oral, anal, or vaginal penetration with a sexual organ) with a minor who is 16 or 17, is considered unlawful sexual activity. There are no provisions to change this if the age differences were such that they could have legally had a prior sexual relationship. This is considered a second degree felony, and a conviction could mean prison sentence of 4-15 years. Florida Statute

19 w/ 16

:: September 01, 2004 01:59

Why is it illegal for a 28 yr old female to engage in consensual sex with a 17 yr old male, yet, a 19 yr old can engage in sexual conduct with a 16 yr old and that is not considered illegal?

In Florida, a person under 24 can engage in consensual sexual activity with a person 16 or older. A person under the age of 16 cannot be a participant in any sexual activity.

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