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Yo_Mama

(8,303 posts)

13. Wrong law - it's a second or third degree felony depending on age of perp.

Tue May 21, 2013, 05:00 PM

May 2013

It's 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0800/Sections/0800.04.html

The age of consent is 16. However in Florida there's another provision - the one you cited - making sexual contact with a 16 or 17 year old a crime if the partner is over 23.

If the offender is under 18 and the sexual partner is under 16, any sexual touching is a third-degree felony. So this would have been criminal in Florida even if the sexual activity had occurred before the older girl's 18th birthday. It wasn't, because they weren't having sex then.

Yes, teens do have sex - sometimes a lot of sex - but in Florida it is not legal to do so until you turn 16. And a 16 year old may not legally have any sexual contact with a 14 year old.

I don't believe there is any lower age to prosecution. I just looked up the statutes, and it appears that if two 14 year-olds are having sex, it better not be in Florida. They both would be guilty of a third-degree felony, but of course any such charge would be handled by the juvenile justice system.

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ACLU of Florida Statement on Prosecution of 18-Year-Old Kaitlyn Hunt [View all] ScreamingMeemie May 2013 OP

WTF? FLyellowdog May 2013 #1

There is a window of opportunity that was used here... ScreamingMeemie May 2013 #4

I dont think the story is quite accurate. HooptieWagon May 2013 #7

Kaitlyn turned 18 in September. If you go to the FreeKate.net page the story is laid out. ScreamingMeemie May 2013 #8

That is correct rebecca_herman May 2013 #30

Re being "old" for her grade - Ms. Toad May 2013 #49

here rebecca_herman May 2013 #51

This law is often used against older boyfriends of whom the parents disapprove Yo_Mama May 2013 #11

I don't think it should be used in this manner. Or, I think we have to stop letting those over 18 ScreamingMeemie May 2013 #12

At what age do you draw the line shawn703 May 2013 #15

I think you need to reread that. ScreamingMeemie May 2013 #16

do you believe that... Bully Taw May 2013 #18

She's a kid. ScreamingMeemie May 2013 #20

but, they were not dropped in others... Bully Taw May 2013 #23

Then we need to not let 18 year olds go to high school anymore. End of story ScreamingMeemie May 2013 #25

that makes sense Bully Taw May 2013 #28

Perhaps we ought to just not prosecute within the high school peer group? LadyHawkAZ May 2013 #46

perhaps easier Bully Taw May 2013 #59

Exactly shawn703 May 2013 #60

Weeeeelll, that right there's a multi-layered answer LadyHawkAZ May 2013 #85

Thank you... ScreamingMeemie May 2013 #67

14 year old is a child. 18 year old is a legal adult. LisaL May 2013 #70

I don't care about the male or female aspect... I'd have the same opinion, regardless of preference. ScreamingMeemie May 2013 #72

Freshmen are generally 14-15 years old shawn703 May 2013 #22

My son's freshman class is made up of 14-17 year olds. ScreamingMeemie May 2013 #27

Wouldn't the wisest course of action for an 18yo be shawn703 May 2013 #32

The wisest course of action is to not prosecute high school kids. ScreamingMeemie May 2013 #34

She's an adult shawn703 May 2013 #36

She's a kid... and 14 year olds unfortunately do become sexually active. ScreamingMeemie May 2013 #37

I'll make it simple shawn703 May 2013 #39

Come on, man... these are teenagers... davidn3600 May 2013 #56

A lot of statutory rape? shawn703 May 2013 #57

The fact that there are some here who support child molestation felony charges when the ScreamingMeemie May 2013 #61

A 14 year old girl can give consent? shawn703 May 2013 #63

Since 14 year old is below the legal age of consent, how is it possible for a 14 year old LisaL May 2013 #65

Please read the OP. ScreamingMeemie May 2013 #66

The point is that kids dont think about this stuff davidn3600 May 2013 #74

Obviously this one did think about this stuff shawn703 May 2013 #84

And did you know the details of the statutory rape law for your state Ms. Toad May 2013 #50

I knew the age of adulthood shawn703 May 2013 #53

So the answer is no. Ms. Toad May 2013 #75

Obviously the adults did know what the laws are shawn703 May 2013 #79

So which state do you live in Ms. Toad May 2013 #87

Currently or when I was 18? shawn703 May 2013 #92

That's exactly the point I've been trying to make Ms. Toad May 2013 #94

Let me ask you a question because Im very curious... davidn3600 May 2013 #88

If my 14 year old son shawn703 May 2013 #93

Are you sure of your facts? I believe you are in error. MADem May 2013 #83

There is a difference between the age of consent - Ms. Toad May 2013 #86

In your summary, the victim in Florida has to be sixteen for the 24 y.o. thing to kick in. MADem May 2013 #91

My freshman kid is 16 trumad May 2013 #55

it is the law... Bully Taw May 2013 #17

She is not being charged with statutory rape. ScreamingMeemie May 2013 #19

would statutory rape misdemeanor... Bully Taw May 2013 #21

I could live with the parents talking to the child and her parents ScreamingMeemie May 2013 #24

as would i Bully Taw May 2013 #26

Please reread our discussion. ScreamingMeemie May 2013 #33

you are absolving an adult Bully Taw May 2013 #41

I need to chime in here, just because the law makes an arbitrary decision on "adulthood" truebrit71 May 2013 #44

So. Are you then arguing that all statutory rape laws should be abolished? LisaL May 2013 #64

Not in the slightest. I am suggesting that some intelligence is brought into the equation... truebrit71 May 2013 #76

it's only going to get worse due to the redshirting trend rebecca_herman May 2013 #31

Agreed. ScreamingMeemie May 2013 #38

and not even just the dating issue rebecca_herman May 2013 #40

it's very much a socioeconomic thing where I live rebecca_herman May 2013 #42

Wrong law - it's a second or third degree felony depending on age of perp. Yo_Mama May 2013 #13

This is horrifying. CaliforniaPeggy May 2013 #2

It's finally gaining some traction in the press. ScreamingMeemie May 2013 #5

Double standards HockeyMom May 2013 #3

Yep. Her parents feel that Kaitlyn "made" their daughter gay. ScreamingMeemie May 2013 #6

Don't they have faith that they can pray their daughter straight? Downwinder May 2013 #10

Yeah, pray that Gay away. RC May 2013 #14

What happened to that black kid was horrible Horse with no Name May 2013 #77

His name was Marcus Dixon and he currently plays for the Kansas City Chiefs. ScreamingMeemie May 2013 #80

Oh my goodness! Horse with no Name May 2013 #81

I remember watching that Oprah show with tears in my eyes. ScreamingMeemie May 2013 #82

Just another sunny day in the sunshine state. William769 May 2013 #9

Yet another arrest. Loge23 May 2013 #29

I don't know... ScreamingMeemie May 2013 #35

Does it have to be all or nothing? rebecca_herman May 2013 #43

Good response, and I agree completely. NaturalHigh May 2013 #45

It is what seems most reasonable to me rebecca_herman May 2013 #47

What's sad is that her parents have offered that. They have offered to move ScreamingMeemie May 2013 #69

+1 HiPointDem May 2013 #54

People want prisons to be the answer to everything davidn3600 May 2013 #48

Revenue generator LadyHawkAZ May 2013 #89

Are we SURE we're not letting our support for Gay Rights get in the way of our judgement here? brett_jv May 2013 #52

Let's take this out of HS HockeyMom May 2013 #58

17 is above the age of consent in most states. LisaL May 2013 #62

"Common sense on a case by case basis is what is needed." That is exactly what I posted ScreamingMeemie May 2013 #68

Common sense on a case by case basis? LisaL May 2013 #71

Have a nice day LisaL... as you read through this thread, you will see ScreamingMeemie May 2013 #73

Plenty - and apparently you are not clear, yourself, about the applicable laws Ms. Toad May 2013 #90

Judges have discretion HockeyMom May 2013 #95

...and the mug shot .coms will enjoy the extra traffic from her picture and personal info ...forever L0oniX May 2013 #78