Legal Question in Criminal Law in Florida

Re: Minor sex

"The 2002 Florida Statutes

Title XLVI

CRIMES Chapter 800

LEWDNESS; INDECENT EXPOSURE

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.--

(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."

Felonies of the second degree are punishable by up to 15 years in prison. Florida's sentencing guidelines would provide for a minimum sentence for a first time offender of about 7.5 years in prison for only one act of penetration. Additional penetrations will earn an additional 80 months per penetration. As harsh as that sounds, it's not the end of the story. You become classified as a sex offender with your name and picture on the internet forever for all of your future neighbors to see (and attempt to run you out of their neighborhood). Anytime you go anywhere, you must register with local law enforcement within 3 days of your arrival. Also, when your prison time is up, you are subject to the Jimmy Ryce Act, which may allow the state to continue to incarcerate you indefinitely for "treatment."

There are other provisions of the law which apply to sex with minors, but this should be enough to settle the argument: your step-son is wrong. The statutes are available online at http://www.flsenate.gov/statutes/, so your step-son can verify this information if he wants.

Dan

Re: Minor sex

In Florida, it is a first degree felony if your step son is in a position of familial or custodial authority over the 15 year old and is engaging in sexual activity, as defined by statute, with a person between 12 and 18 years of age. Unless married, it is a second degree felony if a 24 year old engages in sexual activity with a 16 or 17 year old. Your step son, being 19, would be committing a second degree felony due to the "consent" issue of section 794.011(5). A female under the age of 18 cannot legally consent to such activity. Although the statute seems to indicate "consent" is a defense - it is not.