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Can a 20 year old date a 17-year-old in Florida?

If you are less than 24 years old, you may lawfully have consensual sex with a 16 or 17-year-old. If you are 24 or older, you may not legally have sex, whether consensual or not, with anyone under 18 years old.

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I have a lot of experience defending sexual offenses in Fort Walton Beach. One of the questions I get the most often is about the age of consent. The age of consent is the age that someone must be before they can legally consent to sex. In other words, if someone is below the age of consent, it doesn’t matter if they willingly engage in sexual behavior. The law is in place to protect young people from being taken advantage of before they are old enough to make the decision for themselves. If you plan on having sex with someone, you better be sure they are over the age of consent because if they aren’t, you are in a lot of trouble. The police in Fort Walton Beach will coordinate with the Children’s Advocacy Center and their number one goal will be to send you to prison. One reason the age of consent issue in Florida is so confusing is that there are really two different ages of consent, depending on the charge and also on the age of the suspect.

Lewd or Lascivious Crimes in Fort Walton Beach

Lewd or Lascivious (L & L) crimes include the following:

Lewd or Lascivious Molestation

Lewd or Lascivious Battery

Lewd or Lascivious Conduct

Lewd or Lascivious Exhibition

All of these charges involve sexual contact or activity with, or in the presence of, a person who is under 16 years old. The age of consent appears to be 16 then, right? This is where the law gets confusing. The Lewd or Lascivious statutes all seem to suggest that the age of consent is 16 years old. And it is, for L & L crimes. Does that mean you can engage in sexual activity with a 16-year-old? Not if you are 24 years old or older.

Unlawful Sexual Activity With Certain Minors

This charge can be found in Florida Statute 794.05. It states that you are guilty of Unlawful Sexual Activity With Certain Minors if you have sex with a 16- or 17-year-old if you are 24 or older.

Does This All Seem Confusing?

The two charges make it clear there are two ages of consent. If you are less than 24 years old, you may lawfully have consensual sex with a 16 or 17-year-old. If you are 24 or older, you may not legally have sex, whether consensual or not, with anyone under 18 years old.

Have You Been Arrested For a Sex Crime in Florida?

If you've been arrested for a sex crime Fort Walton Beach, call Flaherty & Merrifield at (850) 243-6097 for a free, confidential case review.

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Grooming steps include: Identifying and targeting the victim. Any child or teen may be a potential victim. ... Gaining trust and access. ... Playing a role in the child's life. ... Isolating the child. ... Creating secrecy around the relationship. ... Initiating sexual contact. ... Controlling the relationship.

Grooming Dynamic

Perpetrators of child sexual abuse (CSA) may gain the trust of potential child victims and their caregivers by methodically “grooming” them. This process begins with identifying potential victims, gaining their trust, and breaking down their defenses. These grooming tactics are often directed at potential youth victims as well as the adult caregivers—parents, other youth-serving professionals, and the community-at-large. After gaining access to children and youth by achieving this trust, the perpetrator initiates some kind of contact that s/he finds sexually gratifying. This sexual contact may range from voyeurism to rape and other forms of child sexual abuse. Grooming helps the offender gain access to the victim, and sets up a relationship grounded in secrecy so that the crime is less likely to be discovered. Perpetrators of child sexual abuse are often individuals known to the family; they may be acquaintances, influential members of the community, trusted friends and even family members. Sometimes the offender is known to the family through association with an organization or activity in which the child or youth participates, such as school a community club, sports team, recreation center or camp. One reason that the perpetrator is able to exploit the child is because he or she holds the power in the relationship based on age and experience, size and strength, and adult status. A perpetrator may manipulate and use those power differences to gain the youth’s trust and confidence, and/or to create fear that enables the perpetrator to coerce the child or youth. (Note that this is not common in all cases of CSA; in many scenarios, there is NO trust at all, only coercion and fear.)

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