Assault & Battery Close in Age Exemption in FL
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seniorjudge
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Your son is a child molester?
jacksgal
New Member
Age of consent in FL is 18. So unless you want your son spending the rest of his life registering as a sex offender you should urge him to end relationship today!
I would advise them to be careful. Most of the time a DA wont bother with age digressions smaller than 3 year but not all the time. How dose the family of the 16 year old fell about this? if they don't like it then they are going to be the ones who file the charges.*to the post above* I know when i was 18 i had a girlfriend was 16 and i hardly think 3 years makes some one a child molester. have you ever had a 3 year difference in relationship?
jacksgal
New Member
It doesnt matter what you think or any wrong you got away with. Its what the laws says!
jacksgal
New Member
Quoting Florida Statutes, Section 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
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(1) DEFINITIONS. -- As used in this section:
(a) "Sexual activity" means the 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.
(b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
(c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES. -- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.
(3) IGNORANCE OR BELIEF OF VICTIM'S AGE. -- The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY. -- A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) LEWD OR LASCIVIOUS MOLESTATION. --
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) LEWD OR LASCIVIOUS CONDUCT. --
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR LASCIVIOUS EXHIBITION. --
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(b) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.
(c) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
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(1) DEFINITIONS. -- As used in this section:
(a) "Sexual activity" means the 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.
(b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
(c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES. -- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.
(3) IGNORANCE OR BELIEF OF VICTIM'S AGE. -- The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY. -- A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) LEWD OR LASCIVIOUS MOLESTATION. --
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) LEWD OR LASCIVIOUS CONDUCT. --
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR LASCIVIOUS EXHIBITION. --
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(b) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.
(c) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
jacksgal
New Member
My age or moral values have nothing to do with this! The age of consent in FL is 18!! that means that an adult with has sex with an under age minor could face criminal charges! This "could" result in jail and/or registration as sex offender.
I was in the same situation at 16 in Florida. Boyfriend of 19, at the time My father threatened to use the "statutory rape" if I didnt quit seeing him. Now I am the parent, just trying to protect my son from a situation that could be costly! When you finish school...everything changes. So many have girlfriends that are younger and still there.
I also read in the statutes the adult as "being 24 or older" with a minor.
jacksgal
New Member
Are you so foolish as to think rape is only charge!? There is a woman on another board. You can find her on laborlawtalk. Her name is Xena her son is sitting in prison on a 12 year setence for sexual charges in same issue as this one. He is only 19!!
jacksgal
New Member
Read this you will see your age does not protect you. Its not rape but it still sex crimes which is likely going to include registering as a sex offender
http://www.nac.oshkosh.net/StatesFrames/State_Laws_Frames/Florida_Laws/body_florida_laws.html
http://www.nac.oshkosh.net/StatesFrames/State_Laws_Frames/Florida_Laws/body_florida_laws.html
I am the Xena that jacksgal mentioned. My son is in prison and has been for almost 10 years, he has 5 more years to go.
OP, do you remember a girl by the name of Carly Brucia? She was raped and killed by a sex offender. Not long after that, a girl by the name of Jessica Lunsford was raped and killed by another sex offender- both were in Florida.
If you remember them, maybe you will remember that our governor and legislature come out and vowed that they would make sure that Florida will be known as the state that is hardest on sex offenders. They have made good on that promise. Even though the law seems to read one way, any person who is 18 or older that has sex with any person younger than 18- even if they are 17, WILL go to prison and forever be labled as a sex offender.
Now, some might say that's not too bad- however, my son was out on probation and his home was burned down after the police notified all of his neighbors. Do you think the police did anything to catch the person/persons who committed arson? NO, why- it was because the arson was committed against a registered sex offender. If you would like to hear more horror stories about what a sex offender's life is like in Florida, I'll be happy to fully fill you in.
OP, do you remember a girl by the name of Carly Brucia? She was raped and killed by a sex offender. Not long after that, a girl by the name of Jessica Lunsford was raped and killed by another sex offender- both were in Florida.
If you remember them, maybe you will remember that our governor and legislature come out and vowed that they would make sure that Florida will be known as the state that is hardest on sex offenders. They have made good on that promise. Even though the law seems to read one way, any person who is 18 or older that has sex with any person younger than 18- even if they are 17, WILL go to prison and forever be labled as a sex offender.
Now, some might say that's not too bad- however, my son was out on probation and his home was burned down after the police notified all of his neighbors. Do you think the police did anything to catch the person/persons who committed arson? NO, why- it was because the arson was committed against a registered sex offender. If you would like to hear more horror stories about what a sex offender's life is like in Florida, I'll be happy to fully fill you in.
jacksgal
New Member
There is a woman in FL whose 19 year son is during 12 years in prison for doing exactly what you desribe! She has been invited to this site and from what I am told she ha sposted but is awaiting moderator approval. If you think you dip your stick in a minor and not pay your wrong!
Why do you refer to me as "foolish"!? At least I am a pro-active parent trying to protect my children before something bad happens, instead of letting them do whatever they want and not caring. Your replies are not necessary if you are going to keep responding with derrogatory comments about me personally!
jacksgal
New Member
The comments come from your deluded idea the 19 year old is free from harm he is not!! Contact Xena52 a new poster here. She has a 19 year old son in jail for 12 years for doing exact samething! In same state. I have no clue why her post as yet to appear but she is on this site send her a PM if needed
This is additional information from the Florida statutes that supports Jacksgal's contentions. As you can see, a 19 yr old engaging in sex with anyone under 18 yrs is committing a crime. Call it child sexual abuse or sexual battery, it's still a crime. Just because the 19 yr old can't be prosecuted under the statute listed in an earlier post, doesn't mean that he can't be prosecuted under another.
And my guess for the "16/18" is that under some statutes, the age of consent is 16, while under others it is 18. That's just a guess though.
Title V JUDICIAL BRANCH
Chapter 39 PROCEEDINGS RELATING TO CHILDREN
Definitions:
2)**"Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
(12)**"Child" or "youth" means any unmarried person under the age of 18 years who has not been emancipated by order of the court.
(66)**"Sexual abuse of a child" means one or more of the following acts:
(a)**Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.
(b)**Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.
(c)**Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose.
(d)**The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator
Title XLVI CRIMES
Chapter 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS
(4)**SEXUAL PREDATOR CRITERIA.--
(a)**For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:
1.**The felony is:
a.**A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim's parent or guardian, or s. 794.011(see below), s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or
b.**Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction;
Title XLVI CRIMES
Chapter 794 SEXUAL BATTERY
794.011* Sexual battery.--
(5)**A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
Search the statutes yourself if you need more information. It's quite time consuming to find all the information related to sexual activity with minors (that is, those under 18!):
http://www.leg.state.fl.us/statutes/
And my guess for the "16/18" is that under some statutes, the age of consent is 16, while under others it is 18. That's just a guess though.
Title V JUDICIAL BRANCH
Chapter 39 PROCEEDINGS RELATING TO CHILDREN
Definitions:
2)**"Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
(12)**"Child" or "youth" means any unmarried person under the age of 18 years who has not been emancipated by order of the court.
(66)**"Sexual abuse of a child" means one or more of the following acts:
(a)**Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.
(b)**Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.
(c)**Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose.
(d)**The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator
Title XLVI CRIMES
Chapter 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS
(4)**SEXUAL PREDATOR CRITERIA.--
(a)**For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:
1.**The felony is:
a.**A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim's parent or guardian, or s. 794.011(see below), s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or
b.**Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction;
Title XLVI CRIMES
Chapter 794 SEXUAL BATTERY
794.011* Sexual battery.--
(5)**A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
Search the statutes yourself if you need more information. It's quite time consuming to find all the information related to sexual activity with minors (that is, those under 18!):
http://www.leg.state.fl.us/statutes/
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