It depends on what "dating" means - if he is having sexual contact with her, it is illegal. I'm not going into the defintion of sexual contact. You can find that in Florida Statutes. My question is where are the parents of a twelve year old girl allowing their young daughter to have any relationship, sexual or not with a 16 year old young man.? It must stop immediately.
No. He is asking for trouble. Not only that, he needs to be concerned that he is attracted to someone that young. He needs to learn to interact socially with girls closer to his own age. That age difference is negligible in adults, but not at all negligible at 12 and 16.
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I fully agree with the other attorneys answers. A 16 year old having any sexual contact with a 12 year old is illegal and usually prosecuted aggressively if charges are ever filed. The relationship should be ended it is too dangerous for everyone involved.