CAN A 18 YR OLD O TO JAIL FOR DATING A 15 YR OLD GIRL.IM CONCERND ABOUT MY SON.PLEASE HELP ME.

Asked over 1 year ago - Ocala, FL

HE IS 17 NOW AND WILL BE 18 IN JUNE.SHE IS 14 NOW AND WILL BE 15 IN JULY?BUT IM CONCERNED

Attorney answers (4)

  1. LeRoy E Costner

    Pro

    Contributor Level 10

    12

    Lawyers agree

    Answered . If they are just dating, and it remains innocent dating, then there shouldn't be any problems. Should there be any sexual contact or "groping," then yes your son can be arrested.

    Under Florida statute 800.04 if a person engages in sexual contact with a person older than 12 but younger than 16 then they commit a crime called lewd or lascivious battery. It is more commonly known as statutory rape. That applies no matter what age your son is. There are cases where 16 and 17 year old boys have been arrested and prosecuted for having consensual sex with 15 year old girls. Even though your son is currently 17, he can still be arrested if they are having sex.

    If there is no sexual contact, just groping, then it is called Lewd or lascivious molestation. Your son can be arrested for that now even though he is only 17 if this type of contact is going on. The law is very clear that consent is not a defense to any of this activity.

    There is a 3rd type of activity called Lewd or lascivious conduct that is not as well defined as the other 2 types of prohibited activity. If a person wanted to make trouble for your son, they could claim that something like kissing could be enough. Again, event though he is 17 he could still be arrested for this.

    Your son needs to be very careful and keep his dating to innocent dating, and he shouldn't have a problem, but there are no guarantees that someone won't make trouble for him anyway.

  2. William David Umansky

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . You have every right to be concerned as this law while good in theory as it has protected many children from predators has also been used to destroy the lives of some young kids who are having consensual sex. For instance, we know of situations where a 17 year old is having sex with a 15 year old and has been charged. The law does not recognize consent in this situation and if your son is having sex with her he could be facing a lifetime of misery under the criminal justice system.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  3. Don Waggoner

    Contributor Level 17

    5

    Lawyers agree

    Answered . Mr. Costner's answer is spot on. Talk to your son and let him know the law.

  4. Gregg R. Brennan

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . I agree with my colleagues. Unfortunately teenagers don't always use their best judgment and if your son engages in sexual contact of any kind with this girl, he is running a very big risk of arrest and possibly being labeled a sex offender. He should stop seeing her and date a girl his own age.

    An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss... more

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