Is it illegal in Florida if a 21 year old man and 16 year old girl dates, and has sex?

Asked almost 2 years ago - Jacksonville, FL

I am a 16 year old girl and i am dating a 21 year old man. Is this illegal in the state of Florida? If my mom pressed charges could he potentially go to jail if i back him up?

Attorney answers (4)

  1. Dale Christopher Carson

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . 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.

  2. John Eddie Jarvis III

    Contributor Level 7

    3

    Lawyers agree

    2

    Answered . While it is NOT unlawful for a 21 year old man to DATE a 16 year old girl, it is certainly probably unwise. It is a receipe for disaster.

  3. Richard Earl Hornsby

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . Yes, it is legal. No, your mother cannot press charges. With that said, any 21 year-old who dates a 16 year-old is a loser and you should dump him.

  4. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . According to Wickipedia, the age of consent in Florida is 18, but close in age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.

    Your mother may be able to find a different charge than sexual assault, though.




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