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Florida sexual offense (CRIMINAL LAW & PROCEDURE)

Sun, 25 Feb 2007 18:17:00 GMT

i am 22 and my girlfriend is 16 and i was looking up some information and i wanted to make sure if it is illegal to be with her or legal to be with her.

(This is what i have found)

800.04 Lewd, lascivious, or indecent assault or act upon or in presence
of child. ---
A person who:
(1) Handles, fondles, or assaults any child under the age of 16 years
in a lewd, lascivious, or indecent manner;
(2) Commits actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, sadomasochistic abuse,
actual lewd exhibition of the genitals, or any act or conduct which
simulates that sexual battery is being or will be committed upon any
child under the age of 16 years or forces or entices the child to commit
any such act;
(3) Commits an act defined as sexual battery under s. 794.011(1)(h)
upon any child under the age of 16 years; or
(4) Knowingly commits any lewd or lascivious act in the presence of
any child under the age of 16 years, without committing the crime of
sexual battery, commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. Neither the victim's
lack of chastity nor the victim's consent is a defense to the crime
proscribed by this section. A mother's breast feeding of her baby does
not under any circumstance violate this section.

(I also found this)

Florida Statutes Section 794.05 - Unlawful sexual activity with certain minors. wrote:
(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.

is it actually legal to be with a 16 year old and havesex with them when you are 22.is there a consent that has to be done or is it just legal?
or is there any other information that i am missing?

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  • Comments
  • Sun, 25 Feb 2007 18:39:00 GMT(1)
  • but is it illegal or is it legal is what i am asking not what you think
  • Mon, 26 Feb 2007 06:52:00 GMT(2)
  • i live in florida and i wanted to look up some information on seeing a minor she is 16 and i am 22.this has nothing do with any other kind of laws like restraining orders or anything.i just want kno if you can see a minor
    i went to the police station and they said you cant see a minor because you are over 18 years old which i kno there are some age diffrence laws and i found some information on minors.
    i need to knmo if it is ilegal or legal or if there is any other information ut there i can look up.

    800.04 Lewd, lascivious, or indecent assault or act upon or in presence
    of child. ---
    A person who:
    (1) Handles, fondles, or assaults any child under the age of 16 years
    in a lewd, lascivious, or indecent manner;
    (2) Commits actual or simulated sexual intercourse, deviate sexual
    intercourse, sexual bestiality, masturbation, sadomasochistic abuse,
    actual lewd exhibition of the genitals, or any act or conduct which
    simulates that sexual battery is being or will be committed upon any
    child under the age of 16 years or forces or entices the child to commit
    any such act;
    (3) Commits an act defined as sexual battery under s. 794.011(1)(h)
    upon any child under the age of 16 years; or
    (4) Knowingly commits any lewd or lascivious act in the presence of
    any child under the age of 16 years, without committing the crime of
    sexual battery, commits a felony of the second degree, punishable as
    provided in s. 775.082, s. 775.083, or s. 775.084. Neither the victim's
    lack of chastity nor the victim's consent is a defense to the crime
    proscribed by this section. A mother's breast feeding of her baby does
    not under any circumstance violate this section.

    Florida Statutes Section 794.05 - Unlawful sexual activity with certain minors. wrote:
    (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.

    Thank You i really need some help on this.....
  • Sun, 25 Feb 2007 19:00:00 GMT(3)
  • so if somoene can let me kno if it is illegal or legal to be with a 16 year old by a 22 year old in the state of florida.thats all i want to kno
  • Sun, 25 Feb 2007 18:48:00 GMT(4)
  • Quoting monkeyspoo


    but is it illegal or is it legal is what i am asking not what you think

    I am not going to tell you....but I will say that there are other laws to be considered ...and Restraining orders...and FATHERS...Lots of trouble you can get into for a girl you probably won't remember 5 years from now!

    Get a girl your own age...and you won't have to seek legal advice before having relations...
  • Mon, 26 Feb 2007 06:56:00 GMT(5)
  • If you want advice as to the legal ramifications of a specific course of action you wish to take, consult a lawyer. This forum can provide you with a lot of information, but don't anticipate that anybody here is going to cross the line by giving you advice to take actions which could land you in legal trouble.
  • Sun, 25 Feb 2007 18:26:00 GMT(6)
  • You know...She is just a kid! Can't you find someone your own age?? There is a world of difference between 16 and 22, and what you want is just WRONG!
  • Sun, 25 Feb 2007 18:51:00 GMT(7)
  • i didnt come on here to listen to a mom i came on here to ask for some advice not told what you think or what i should do.you dont even kno the entire situation of the case or anything else really.this is also something she is looking up as well.this has nothing to do with her parents or a restraining orders.So i am looking for legal advice.I would like to kno if this is illegal or legal.
    thank you...
  • Mon, 26 Feb 2007 07:01:00 GMT(8)
  • do you kno where i could look for some information on this or anything?
  • Mon, 26 Feb 2007 07:07:00 GMT(9)
  • I think you already have your answer as to what the law is.

    Beyond that you can look in the Florida statutes. You can research Florida case law. You can consult a lawyer.
  • Leave a Comment Now.

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