Juvenile - Lewd & Lascivious Battery - 2nd Degree Felony

Status
Not open for further replies.

sonick

New Member
I have a 17 year old brother and his 15 year old girlfriend is pregnant. At the time of getting pregnant she was 14 and he was 16. She had to go to court over something and the judge asked if she was pregnant and she said yes. They took my brother to court and is being charged (as a juvenile) with Lewd & Lascivious Battery which is a 2nd degree felony.

She consented and actually lives in my mother's house (my mother has legal custody because her parent's can't raise her) with my mother and my brother. She is not pressing the charges and neither are her parents, the judge just saw she was pregnant and now the state is going after him.

My question is this... I found the sentence for adults charged with this... but does anyone know the possible sentence when being charged as a juvenile or where I could find this? I've tried google to no avail.

Any help would be greatly appreciate. Him and my mother can't stop crying because they have absolutely no clue what type of sentence he is facing.

Thanks again.

p.s.
I warned him about this a year ago when they started dating
 
I have a 17 year old brother and his 15 year old girlfriend is pregnant. At the time of getting pregnant she was 14 and he was 16. She had to go to court over something and the judge asked if she was pregnant and she said yes. They took my brother to court and is being charged (as a juvenile) with Lewd & Lascivious Battery which is a 2nd degree felony.

She consented and actually lives in my mother's house (my mother has legal custody because her parent's can't raise her) with my mother and my brother. She is not pressing the charges and neither are her parents, the judge just saw she was pregnant and now the state is going after him.

My question is this... I found the sentence for adults charged with this... but does anyone know the possible sentence when being charged as a juvenile or where I could find this? I've tried google to no avail.

Any help would be greatly appreciate. Him and my mother can't stop crying because they have absolutely no clue what type of sentence he is facing.

Thanks again.

p.s.
I warned him about this a year ago when they started dating

You should also have your mom get an attorney as well, she is just as guilty for allowing this to happen.

I guess she is just as fit as the chid's mom when it comes to raising kids:no:
 
I didn't realize coming here would lead to people bashing my mother. Sorry, saw this as the top legal advice forums so came here. Bad judgement on my part.

Thanks anyways.
 
I didn't realize coming here would lead to people bashing my mother. Sorry, saw this as the top legal advice forums so came here. Bad judgement on my part.

Thanks anyways.

Your family is in some serious trouble here. Your mother and your brother have both exercised extremely poor judgement.

Your mother was charged with protecting this young girl and she did not. This is just as criminal as the sex your brother had with her.

Your mom and brother should be speaking to attorneys sooner rather than later, and they should not speak to police without one present.
 
This could be charged as a third degree felony for lewd and lascivious conduct. If convicted, it appears he could face up to 5 years in custody (whether a minor or an adult), and up to $15,000 in fines ... not to mention inevitable child support for the rest of his life. I did no look up the sexual registrant laws in FL but it may be possible that he will have to register as a sexual predator if convicted.

It is possible that FL has an exception if they are within three years of age, but, again, I did not look into the statutes that far.

He needs an attorney ASAP ...as do the parents who allowed this to occur as they are likely to be charged, and may well lose their own children as a result.
 
I failed to mention that she did not live with my mother when she became pregnant. The only reason my mother agreed to take custody is because she was in fact pregnant with my mother's grandson. Don't know if that matters or not for my mom's sake... but just to be clear she didn't live with my mother until AFTER they found out she was pregnant.
 
I failed to mention that she did not live with my mother when she became pregnant. The only reason my mother agreed to take custody is because she was in fact pregnant with my mother's grandson. Don't know if that matters or not for my mom's sake... but just to be clear she didn't live with my mother until AFTER they found out she was pregnant.

All of the ADULTS in this situation need to be charged. And most likely will be.

Tell you parents to consult with an attorney regarding their own criminal actions. Your brother should also consult with an attorney that specializes in criminal law.
 
Wait... how is my mother a criminal for taking custody over the mother of her grandchild? That's what I fail to understand.
 
Wait... how is my mother a criminal for taking custody over the mother of her grandchild? That's what I fail to understand.

She is facilitating the rape of a child. This child's parents are facilitating the rape of their child. Your brother is raping this child.

A child can not consent to sex. Period. Ever. Even if.

Tell ALL Of the people involved to consult with Criminal Attorney's .
 
Alright I just called her and told her. Not sure how much it will matter since she is disabled and has partial brain damage and can't be trialed, but she's going to call her lawyer tomorrow anyways.
 
Guess you've never heard of disabled people with mental brain damage having permanent incompetency to stand trial. Doesn't really seem like many of you know too much since out of all the replies CdwJava is the only person who said anything intelligent.
 
Well, all because she is disabled and has some "brain damage" does NOT mean she is incapable of standing trial. If she lives on her own, does not have a conservator, and is generally able to handle her affairs, she is almost certainly able to be brought to trial. If she is capable of legally caring for two minor children, then she is legally capable of going on trial.

Now, if she was not aware of the sexual relations until after the pregnancy and did not take any action to facilitate or support the criminal activity, then I doubt very much she will be charged. If, however, it can be shown that she was somehow involved, it is possible that she could be tried.

In the end, absent some active support or knowledge of the criminal relations, it is most likely that only the children could face charges - most likely the boy. He definitely needs to speak with an attorney.
 
I'd like to know how this brain damaged and disabled woman was even allowed to get formal custody of another person's child.

This story just gets bigger and bigger with the post count.
 
I'd like to know how this brain damaged and disabled woman was even allowed to get formal custody of another person's child.

This story just gets bigger and bigger with the post count.
I suspect it is not formal or even legal custody, only something the mother of the girl has allowed.
 
No. I have never heard of anyone who is permanently incapable of standing trial. If she was that "incompetant" she would be in a mental institution and completely unable to care for a child.
 
Status
Not open for further replies.
Back
Top