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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34291
Experience:  16 yrs. of experience including criminal law.
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Greetings, My Roommate has recently engaged in a relationship,

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Greetings, My Roommate has recently engaged in a relationship, which It has become sexual in nature. He is 22 and she is 17 (Less than 30 days out from 18). It is my understanding that since she is one year out from 16 and he is two years below 24. In Florida, this falls into a troublesome but "Legal" Grey area? Is this true? Second, apparently this girl had a boyfriend outside of their relationship and to quote her, he is intending to come to our apartment with "friends" and do my roommate harm. Now upon rather aggressively asking them questions. I found out the following. A) Her "Boyfriend" not my roommate is 23, B) He informed her of intent to violence, C) there is implied danger to our persons. and D) He at age 23 has also apparently has sexual relations with the girl in question. My Question is, am I correct in the initial assumption about age of consent and what legal recourse would you recommend to the second issue as well as a course of action. Location: Saint Petersburg,FL USA
Thanks for the chance to assist

Here is the law

§ 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.

(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.

So, under this law, there does not appear to be a crime (up to 24 is ok down to 16).

That said, if there is a threat of violence that may be actionable. SO, if a person is communicating a treat of violence to you or another, you should notify local law enforcement.

Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.

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