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Age of consent in Florida

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scared asks:

Im 17, my boyfriend just turned 24. We started having sex when he was 23. I live in florida. Can he go to jail because im 17?

David replies:

Hi Scared,

If this law in Florida is still on the books then yes, technically if you're 17 and your boyfriend is 24, he can be prosecuted.

A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

Source: Official Internet Site of the Florida Legislature

I know nothing about the legal climate in Florida and it wouldn't be appropriate to offer legal advice on this site anyway, so I *really* can't say whether a prosecutor who learned of your relationship would decide to bring charges in your particular circumstances or if, were charges brought, a jury would vote for conviction. But looking at how specifically the law is written your partner could be at risk till you turn 18.

written 27 Sep 2007 . updated 10 Jan 2013

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