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

Asked almost 5 years ago - 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. Lauren Walter Berns Jr.

    Contributor Level 10


    Lawyer agrees

    Answered . 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?A...

    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?A...

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

  2. Adam Leo Bantner II


    Contributor Level 13


    Lawyer agrees

    Answered . 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.

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