What are the penalties of a 20 year old and 16 year old having sex?

My daughter is 16 and her now ex boyfriend is 20. They were having sex
for two months and they remained those same ages over that period of
time. I did not consent, his parents knew and knew her age though.
I’ve read about a law saying it’s okay since she’s 16 and he’s under
24, but I want to know if he can face any penalties at all, he turns
21 in a couple months.

Asked on June 4, 2016 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Because your daughter was 16, there is no criminal penalty in your state because, as you correctly note, he was less than 24. Had she been 15, he could have been guilty, at age 20, of "lewd and lascivious battery" and could have faced, potentially  several years in jail; but because she was 16, unless he was at least 24, there is no crime.

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