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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7123
Experience:  Experienced Family Law Attorney
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Can a 18 & 16 in Florida date and have consensual sex?

Customer Question

Can a 18 & 16 in Florida date and have consensual sex?
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.
Here is the relevant statute- it is not criminal unless the participant is under the age of 16 or it is not consensual:794.05 Unlawful sexual activity with certain minors.—(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 or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61. Also please see:
Expert:  LegalGems replied 6 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!
Expert:  LegalGems replied 6 months ago.
Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.