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RobertJDFL, Attorney
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My son is 16+ he has a girl he sneeks into his room through

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My son is 16+ he has a girl he sneeks into his room through the window and has sex with her. She is 18 and she is the one after him Is this cnsidered legal?
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.

Good evening, and thank you for your question.


Yes, it is legal. While Florida's age of consent law is actually 18, there is an "exception" in the law that allows people close in age to be able to have sexual intercourse without it being a crime. Specifically, Florida Statute Section 794.05 states:


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; however, sexual activity does not include an act done for a bona fide medical purpose.


In other words, if a person is less than 24 years old, they may lawfully have sexual relations with an individual so long as the other person is at least 16 years old.


Please let me know if I have not fully addressed your concerns.

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