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Statutory Rape: Florida Law

Fort Lauderdale, FL |
Filed under: Juvenile law

Hi. If a 17 year old male has sexual intercourse with a 17 year old girl (three months older than the male) in the state of Florida, can it be considered statutory rape? Can charges be made?

Attorney Answers 1


  1. 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.

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