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What are the laws on a 14 year old and a 17 year old dating?

Cocoa, FL |

A 14 year old and a 17 year old are dating but the parents or school in which they both are attending found out and now the cops are calling it statutory rape, or a 3rd degree felony against the 17 year old. Aren't the laws designed for 16 to 24 in florida? and since the 17 year old is a minor also no prosecution can happen?

Attorney Answers 2


  1. According to the statute that covers this behavior, any person of ANY age having sex with a person under 16 years of age is committing a crime. Read this carefully: §800.04, Fla. Statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0800/SEC04.HTM

    You may also want to look at: §827.04, Fla. Statutes (Contributing to the delinquency or dependency of a child) at: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0827/SEC04.HTM

    This 17 year old NEEDS an experienced local lawyer who specializes in criminal law.


  2. First, it is not against the law to date, but it is against the law to engage in any sexual activity with a person under 16 years old regardless of the age of the other person. The law for 16-24 would not apply in your situation because one party is only 14 years old. A person under 24 can have sexual relations with some older than 16. For example, it would not be illegal for a 22 y.o. to have relations with a 17 y.o.

    As to the other question regarding the 17 y.o. and no prosecution, the answer is no. The State can file on a person as an adult if they feel the charges are not appropriate for a juvenile disposition.