Consensual Age in Florida
The age of consent—the legal age at which a person is considered capable of consenting to sexual activity—differs in age between states. In Florida, the Florida State Statute § 794.05 addresses the issue. Interestingly, the State does not have a specific consensus for the age of consent. Instead, the law establishes a "close in age" juvenile exception.
Under Florida law, 18 years of age is the age at which a person is considered to have reached the age of consent. Once an individual has reached the age of consent, he or she may engage in sexual activity with any person of any age that also has reached the age of consent without engaging in unlawful sexual conduct.
However, Florida does not have an age of consent law for those under the age of 18. Any sexual conduct engaged by a person under the age of 18 years is an unlawful sexual act. A person unable to provide written consent is considered a minor, even if the minor has not reached the legal drinking age or the age of consent to marry.
Florida Statute § 794.05 creates an exception to the age of consent for those under the age of 18 involved in juvenile relationships. The exception defines a "close in age" exception as sexual activity engaged by a person under the age of 18 who has a "close in age" relationship with another person within a four-year difference. The statute also specifies that both persons involved in the sexual activity must be between the ages of 13 and 17, which eliminates any possibility of the victim or perpetrator being younger than 13 years of age .
Florida law also establishes penalties for violating the youthful and adult populations under 18 law. For those convicted of sexual activity with a minor, regardless of their age, the potential penalties are:
Florida’s statutory rape laws, specifically the close in age exception, has significantly changed the way that the law now views laws relating to sexual conduct between teens.
In past decades, statutory rape laws frequently made no exceptions for those that were close in age to one another, meaning even those under the age of 18 who had engaged in sexual activity with those under the age of 18 could still face severe consequences for their actions. However, statutory rape laws now come with several provisions, including volunteer services, fines, probation, and even incarceration. Discretion must now be used when it comes to convictions against teens.
Given the current youth crime rate, the Florida Legislature has decided to focus its attention on schools. Under the Florida Statute § 233.081(2), no matter what a student is accused of, if they are expelled or they face another form of punishment, they must be provided an education and the ability to complete their education requirements if so desired.
For those who are under the age of 18 that are convicted of unlawful sexual conduct, "any minor found guilty of unlawful sexual conduct must be registered with the Department of Law Enforcement as a sexual offender." In violent sexual offenses, registration for a sexual offender is a requirement because the individual faces severe punishments.
Child Sex and Criminal Penalties
A common concern for parents in Florida is how their child can be protected from sexual predators, especially in the context of dating. We will look at statutory rape laws first, as many parents have the perception that statutory rape is an age restricted offense. After that, we will address what you can do if your child requires the protection of the law. Under Florida law, a person who is at least 18 years old can be charged with statutory rape if they have sex with a minor under 18. There are two sub-sections to this statute that apply in most cases. A violation of subsection one, means that the adult was "in a position of familial or custodial authority" over the victim, who was 12, 13, or 14 years of age. This means that a parent, teacher, camp counselor, or other legal guardian of a minor could face this charge if the above circumstances are met. Because of the position of trust that adults have over children, this means that thousands of violations of this statute happen every year within the state of Florida before the abuser is ever arrested or prosecuted. A violation of subsection two, means that the adult was "four or more years older than" the victim, aged 12, 13, or 14. So, for example, if a 14 year old is dating a 18 year old, there is a 4 year difference in their ages, so a sexual encounter could result in criminal charges being brought against the 18 year old for statutory rape. Battling these types of charges is best done with the help of a qualified criminal defense attorney.
There are additional laws which provide further penalties for those who target minors in this way. The Florida Department of Law Enforcement (FDLE) requires that persons convicted of offenses that make them automatically required to register as a sexual offender in addition to serving a sentence. Violation of these registration requirements can lead to steep penalties for those who fail to correct their registrations when necessary. Those who will be required to register with the FDLE include sexual offenders, predators, and habitual violent offenders. Those registered as sexual predators must complete the registration process with local law enforcement, following which that information will be made publicly available through online sources. If a predator becomes homeless after the registration process, even more restrictions and conditions apply regarding where he or she can live.
Florida Minors and Sexting
In the state of Florida, the legal age of consent for sexual activity is 18 years old. Sexting among minors or those under the age of 18 is illegal, and consequences can be harsh. Our laws surrounding sexting are constantly evolving to keep up with the changes in technology, and as these laws are tested in the courts, we are learning more about the extent of their application. Florida takes the sexual exploitation of minors very seriously. To be prosecuted for distributing pornography, you have to either electronically distribute nude or sexual images of a child. With the widespread use of social media, children can make a dumb mistake and distribute pornography without being directly prompted by another party. Someone can text inappropriate photos and things to minors, and if someone under the age of 18 responds and sends another photo back, they could be guilty of the crime of distribution. So, it is possible for a minor to be charged with the distribution of child pornography even through no fault of their own.
The penalties for distributing pornography in the state of Florida vary based on the charges laid against you. You face serious criminal and civil penalties. If you are over the age of 18 and distribute pornography to a child or minor, you can face third-degree felony charges. This means that you would be facing some very serious time and mandatory penalties if convicted. As well, kids can face exclusion from enrolled institutions. Student disciplinary procedures and university polices can be very strict on those involved in sexting other students. Even if they have committed no crime as such, college-level administrators have a zero-tolerance policy when it comes to inappropriate images sent between students, faculty, or even faculty members with students. If you or your child is facing sexting charges please take it very seriously. While you may think it is a joke or something that is blown out of proportion, many kids have had their lives ruined over a simple joke that costs them time and money.
Domestic Violence and Dating
Of Note: While violence does not occur frequently in dating relationships, when it does occur it can have serious and long lasting effects, including permanent disability or even death. If you are a victim of violence, obtain assistance and information to get out of the abusive situation and minimize your chances of becoming a victim again.
Chapter 784, Florida Statutes, imposes a broad array of penalties for domestic violence, and provides additional protections, such as restraining orders, to those who have been its victims. The law now includes broad protections to victims of dating violence, or who live together, even if not married. Individuals who are the victims of domestic or dating violence may obtain a judicial protective order prohibiting their abuser from doing further harm. Generally, while no formal report need be made, the petitioner must file a written petition supported by an affidavit which alleges specific facts. Upon finding good cause, the judge may enter a temporary injunction pending a hearing to determine whether a more permanent injunction should be entered. The abuser (the Respondent) is then required to be served with legal process and a hearing is then held at which time the petitioner is required to prove the allegations of domestic violence by a preponderance of the evidence in order for a more permanent injunction to be entered.
Online Dating and the Law
With the popularity of online dating and the ever-growing number of singles looking to meet new people in the Sunshine State, it is important to understand the legal implications involved in this process. These days, the primary risk posed by online dating is one of privacy, as websites have a duty to protect the personal information of users and others that they collect. However, there are still numerous scams that regularly target those seeking companionship. Many singles looking to find love through dating websites or apps spend considerable time setting up profiles and listing personal information. Once they have connected with others through these sites, they share even more information in the public domain. Even when adhering to recommended privacy settings and being cautious about what you share on your profile, it is easy to find yourself in way over your head when it comes to sensitive information. These issues are especially concerning for two reasons. On the one hand , there are scams that target those seeking additional money. For example, scammers may connect with users through their profiles and express a romantic interest, but then ask for money to help them escape an unfortunate predicament. Once the money is sent, the scammer disappears without a trace. However, privacy is an even bigger legal concern for those who seek connection. Dating sites may give third-party advertisers access to the information posted by users and may also fail to protect the personal information of users from being stolen by hackers. After all, companies have a legal obligation to protect the information of users. But many sites fail to enforce applicable privacy laws, which affects everyone. There are many other legal issues associated with the use of these sites, but the good news is that the law also protects individuals who engage in online dating. Many of the dating apps and websites in use today include features such as reporting and blocking abuse as well as limiting certain information according to privacy settings.
What Parents Need to Know About Consent
As with many aspects of family law, the interaction between the rights of parents and the rights of minors (teenagers) can become tricky. This becomes particularly true when parents are attempting to control the actions of their children and families are dealing with strict cultural beliefs, such as religious doctrines, that are not shared by all. That certainly can be the case in Florida in dealing with the question of parental consent and agreement regarding dating, sexual activity and pregnancy. When it comes to the medical rights of children, Florida law largely acknowledges the independence of children in seeking medical help, but over time has kept some things for themselves, including parental consent and parental notification. In seeking medical attention for pregnancy or sexually transmitted disease, there are no constraints that a minor must obtain parental consent. A minor simply needs to consent for themselves. It is worth noting that Florida law protects sexual health care providers from liability if they choose to ignore parental consent. In other words, if a parent refuses to consent to a pregnancy test or treatment for an STD, but the provider does not get consent from the child and treats the child anyway, the provider cannot be sued for medical malpractice and negligence.
How Alcohol Impacts the Law
Alcohol consumption can have significant implications in the context of dating and relationships in Florida. When the consumption of alcohol is involved, particularly involving underage drinking where one party to the relationship is a minor, the impact of alcohol on dating laws can be profound. Legal representation is essential in such situations to ensure your rights are protected.
As stated above, the legal drinking age in Florida is 21 years old. Therefore, if one of the parties to a relationship is a minor (under the age of 18), alcohol can have serious implications, both criminally and civilly, for the minor and for the adult party involved . In some cases, the possession of alcohol by minors can result in charges of disorderly conduct or the purchase of alcohol by a minor. This can lead to misdemeanor charges and/or community service. Additionally, in the case of drinking and driving, even a single drink can lead to a DUI charge, putting the adult party in legal jeopardy as well.
Another potential legal issue arising from the consumption of alcohol by minors is the legal liability incurred by the supplying adult party. Even though Florida has "stand your ground" laws when it comes to using force or destroying property in self-defense, the same laws do not apply to minors. Rather, supplying alcohol to a minor can lead to third-degree felony charges.
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