I would make it a misdemeanor if they are no more than 4 years apart, which is the law in my home state.
Are you sure she is less than 4 years older than the other girl?
Yes.
Their ages right now are 18 and 15.
Again, my opinion is on the law, this case simply highlights what I feel is an overly harsh punishment.
Under Florida law, 15 is still a child. See below. The age of consent with a person under the age of 24 is 16 yrs of age. Therefore the 18 year old is STILL in violation of the law.
[EDITORS NOTE: We get many comments regarding Florida and our posting of the age of consent as 18. You should understand that our definition of "age of legal consent" is the age at which a person may consent to sexual contact with ANY person not in a position of authority, etc. Using our definition, the age of consent in Florida is 18.
However, for the sake of argument and clarification, if a person is less than 24 years old, they may enter into sexual contact with a person who is at least 16 years old.]
794.05 Unlawful sexual activity with certain minors.--
(1) 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.
(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61. History.--RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409.
Update 06-23-01: Comments from Email:
Florida Law (Section 800.04, Florida Statues) regarding lewd and lascivious behavior carries a mandatory sentence. This law has turned many teenage boys into sexual offender. If there is physical contact....not sexual intercourse (battery)...between a girl under 16 and a boy 16 or over, The girl or her parents can charge the male and have him arrested. Consent is not considered, just the ages of the participants.
Florida - Age of Consent