They have had consensual sex more than once.
Is this a crime? Legally speaking it is and I would also offer you this ironic word of caution. If this boy only recently turned 16, and they had sex before he turned 16, then your daughter is just as guilty of a crime as is her boyfriend. And I am sure you would not want your daughter prosecuted for a youthful indiscretion committed because of her ignorance of the law.
But the real issue is if you are so concerned about your daughter having sex with a person less than two years older than her, why didn't you stop it immediately. And rather than try and ruin the boy's life, why don't you speak his parents instead of posting on a legal website.See question
What is the difference (when it comes to legal punishment) between having consensual sex with a 12 year old and a 11 year old minor? Thank you all in advance!
While I think my colleagues are trying to simplify the answer, I would point out that a person under the age of 16 can consent to sexual activity with another person. However, under section 800.04(2), the underage person's consent is prohibited as a defense to a Lewd and Lascivious crime, but the consent is neither irrelevant or unimportant.
First, under Florida's Romeo and Juliet Act, a person convicted of a Lewd and Lascivious act is only eligible for exemption or removal from the sex offender registry if the sexual activity was consensual, which is defined by section 800.04(1)(b) as "intelligent, knowing, and voluntary [and] does not include submission by coercion."
Second, the willing participation (i.e. consent) of the victim is a statutory basis for a downward departure sentence, which would be very important in those cases where the victim lied about his or her age.
As for the differences in the penalties, Lewd and Lascivious Battery on a child under 16, but older than 12 carries a 25 year minimum mandatory sentence. Lewd and Lascivious Battery on a child under 12 carries a life sentence.See question
My brother was sentenced to 50 years in 1993, he was only 15 years old. Is his sentence a life sentence?
A 50 year sentence is not technically a life sentence. With that said, if your brother was convicted of a non-homicide offense, you should hire an attorney. Because in 2010, the U.S. Supreme Court decided Graham v. Florida, which ruled that life sentences (or sentences that were the effective equivalent of life sentences) were unconstitutional. As a result, the Legislature recently passed a new sentencing scheme that allows for juveniles to seek release after 25 years.See question
Does something similar to deferred of adjudication exist in the state of Florida? If so, which circumstances need to exist? Would it work in cases that involve such things as domestic violence, manslaughter, statutory rape, drug possession or the...
Florida Statute 948.01(2) allows a judge to "withhold the adjudication of guilt," which is the equivalent of a deferred adjudication. Technically, most all offenses are eligible for a court to withhold the adjudication of guilt, but it is generally limited to first time offenders and moderate to minor crimes.See question
An acquaintance was recently charged with ten counts of Florida Statute 827.071 - Sexual Performance-poss With Intent To Promote. The evidence looks very strong against him. The family paid an attorney a significant sum at this point to represent...
The bottom line is that while I find that the average public defender is better than the average private criminal lawyer, the best criminal lawyers are likely better than the best public defender. So if your family is willing to hire one of the best criminal lawyers, it will likely result in a better sentence. If you are just looking to hire any criminal lawyer, stick with the public defender's office.See question
I am 16,I was recently placed on probation for 12 months for a GTA
You would either have to speak with your probation officer, write a letter to the judge, or, your best bet, hire an attorney.See question
Lake County will most likely pursue the charge.See question
I am on felony probation. I was arrested with a new charge in April. I was able to bond out because the arresting officer didnt charge me with a VOP, just the new charge . My probation officer violated me the next month on the 13th. The State of F...
The violation will not be magically dismissed. The State Attorney can choose to pursue the VOP even though they did not pursue the new law charge.See question
I was arrested for drugs and got out on bond and got arrested again for driving with out a driver's license will my bond get revoked by the judge when I got to court
It is very possible that your bond on the first case will be revoked.See question