If I’m 15 and my boyfriend is 17 and we’ve been dating since he was 16 and I was 14, is it illegal for us to be together once he graduates high school and turns 18?

Asked on December 8, 2015 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Statutory rape law in FL states that it is unlawful for someone 18 years or older to have sexual intercourse with a person younger than 18. Even if the act is by mutual consent. Sexual assaults do vary in and can be charged under child molestation or assault and battery or enticement.
There is an exemption that comes into effect if, at the time of the of intercourse, the minor was between 14 and 17 years old. That having been said, the exemption makes the defendant avoid registering as a sex offender but it doesn’t make him immune to penalties that may include prison sentences, fines or both.
Bottom line, your boyfriend faces serious legal trouble if you both engage in sex after he turns 18.


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