Legal Question in Sexual Harassment in Florida

Im 18 years of age and born on October 10,1991..here is the problem: My girlfriend is 16 and she was born on September 8th,1994. So she is 16 and im 18. We both live in Florida, and I've looked up many articles and looked for help. I want to know, if she is willing to stay with me. Is it illegal in Florida? Or is it child molestation and could make me end up in prison and be labeled as a "pedophile" and become a sex offender...thank you for your time.


Asked on 3/18/10, 3:11 pm

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

First of all, by my calculations, your friend is only 15 not 16. Here's what you get for fooling around with a 15 year old:

(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.

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Answered on 3/23/10, 3:36 pm


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