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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8084
Experience:  Experienced Family Law Attorney
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Is it legal in the state of Florida sixteen yr old boy to

Customer Question

Is it legal in the state of Florida for a sixteen yr old boy to have conscentual sex (fornication) with my fifteen yr old daughter?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

According to FL statute 800.04, having intercourse with a person under the age of 16, is a crime for anyone age 16 and older.

That statute is located here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0800/Sections/0800.04.html

However, under FL statute 943.04354, the person convicted of the crime can petition the court so that they need not register as a sex offender. This is recent legislation (2007); https://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-214cj.pdf

It is possible to get a restraining order as a 15 year old is not of legal age to give consent.

Customer: replied 1 year ago.
What if she recently turned sixteen, does that mske it consensual and legal also can I still get a restraining order on the boy?
Expert:  LegalGems replied 1 year ago.

Once the child turns 16, then they are able to give consent provided the other person is less than 18.

Similarly, once the child turns 16 it is more difficult to get a restraining order because there is not illegal activity.

Sometimes family mediation (similar to counseling, but focusing on one specific topic) is a more successful avenue in matters such as these.

Information about mediation (alternative dispute resolution) here:

http://www.flcourts.org/resources-and-services/alternative-dispute-resolution/

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