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alp227

(32,062 posts)
Wed May 22, 2013, 02:53 AM May 2013

Florida Student, 18, Arrested for Sex with Teammate, 14

Source: NY Times

Kaitlyn Hunt’s parents insist that their daughter, a Central Florida high school senior, is being prosecuted for sex crimes only because her lover was another girl. The state attorney says that gender makes no difference; the age of the two girls is at the crux of the case.

Ms. Hunt, 18, is an adult. The girl with whom she allegedly had sexual encounters is 14.

Ms. Hunt, described by her parents as a happy, hardworking girl who played on the basketball team, sang in the school choir, helped mentor other cheerleaders and taught gymnastics to younger children, became an international cause célèbre over the weekend after details of her arrest and pending prosecution exploded across the Internet.

Between Friday night and Tuesday morning, more than 100,000 supporters from around the world signed an online petition siding with Ms. Hunt’s parents. About 30,000 supporters, some from as far away as Australia, South Korea and the Netherlands, had joined the Facebook group Free Kate.

Read more: http://www.nytimes.com/2013/05/22/us/florida-18-year-old-arrested-for-encounters-with-friend-14-gets-online-support.html



The Miami Herald (Miami is near 150 miles south of Hunt's community) and Tampa Tribune (Tampa near the same distance NW) both reprinted an AP article, "Gay Fla. teen charged for underage girlfriend". The Tampa Bay Times (used to be the St. Petersburg Times) has an original report " Teen girls' relationship leads to legal nightmare in Florida ." The local paper in Hunt's area Indian River Press Journal has coverage, but its website TCPalm.com paywalled the articles.
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Florida Student, 18, Arrested for Sex with Teammate, 14 (Original Post) alp227 May 2013 OP
"Romeo and Juliet" law will hopefully cover the situation. dipsydoodle May 2013 #1
There really needs to be a 5-year rule like some states have already adopted... LAGC May 2013 #2
I agree with you completely. Chemisse May 2013 #5
So true. It is four years in my state treestar May 2013 #8
gay or straight--that age difference is/can be a legal problem when it comes to orleans May 2013 #3
sorry BigD_95 May 2013 #4
Wut? They're both kids, about 3.5 years apart. Dash87 May 2013 #9
I too would freak if you had a bitchkitty May 2013 #10
I agree avogadro May 2013 #33
Yeahhhh, if my daughter is with an 18-yr-old at 14, I'm not going to be pleased. Codeine May 2013 #6
first of all, it's my understanding that the younger girl was just shy of 15 cali May 2013 #11
Freshman/senior. Occulus May 2013 #14
If this was an 18 year old male, he could have ended up in the exact same predicament. LisaL May 2013 #17
People do discriminate, though Occulus May 2013 #20
They sure do. LisaL May 2013 #21
Since that's not what we're talking about, it doesn't really matter. Occulus May 2013 #23
Yes, sexual orientation and gender are a big part of what we are talking about. uppityperson May 2013 #30
sorry, wrong place Orangepeel May 2013 #60
My uncle was 13 when he married a 20 year old marshall May 2013 #7
That would be like my grandparents... Chan790 May 2013 #44
Running away from your parants at the age of 14 is a stupid move. /nt jakeXT May 2013 #12
Isn't the girl 15 now? Kelvin Mace May 2013 #13
That was what the first four or five articles I read said Occulus May 2013 #15
From what I've read, one was 14 and the other 18 when the relationship started. LisaL May 2013 #16
14 and 17 when relationship started...15 and 18 now...dating for a year Junkpet May 2013 #22
18 and 14, accodring to the report. LisaL May 2013 #25
Yes, she was 14 when the relationsip Kelvin Mace May 2013 #32
So the newspapers are maximizing the age difference Occulus May 2013 #35
Yep! Kelvin Mace May 2013 #36
No. Sympathizers are minimizing it joeglow3 May 2013 #42
Whether 17/14, 18/15 or 18/14... Chan790 May 2013 #45
No, Kaitlyn was 18 when they started dating, other girl was 14. brett_jv May 2013 #39
According to news accounts I read, they started dating when she was 17 Kelvin Mace May 2013 #53
They started dating when she was 17, but the sexual encounters started after she turned 18. n/t tammywammy May 2013 #62
Disagree With the Parents erpowers May 2013 #18
According to news accounts I read, they started dating when she was 17 Kelvin Mace May 2013 #54
...and the mug shot .coms get flooded with traffic... L0oniX May 2013 #19
Meh. These laws aren't meant for these types of situations. Pragdem May 2013 #24
Those are exactly the type of situation these laws are meant for. LisaL May 2013 #26
um, Occulus May 2013 #31
Being prosecuted for breaking the law, may have been reported for sexual orientation. Plea bargain.. uppityperson May 2013 #27
And if it was 18 year old male claiming 14 year old female was "acting older" LisaL May 2013 #28
As to DU, yes, but the sentence will be the same happyslug May 2013 #57
I remembered this case being discussed on DU. Everybody was on his side. Orangepeel May 2013 #61
Seems To Me cynzke May 2013 #38
That sound about how most such crimes are resolved. happyslug May 2013 #56
In Florida the cut off is 16 if the older person is over 18. happyslug May 2013 #29
I turned 18 in college. AngryAmish May 2013 #34
IMHO the 18 year old needs to find someone older. kiranon May 2013 #37
This is so ridiculous ..... Amaya May 2013 #40
I am appalled that so many DUers want to criminalize this high school student. Comrade Grumpy May 2013 #41
I am appalled that so many DUers want to normalize this high school student joeglow3 May 2013 #43
Yeah, I do want to normalize this high school student. I don't think she's a criminal. Comrade Grumpy May 2013 #46
The relationship started AFTER she was 18 for a few months. joeglow3 May 2013 #49
There is a reason the US has the world's highest imprisonment rates... Comrade Grumpy May 2013 #47
Yes. Because of drug crimes. Not 18 year olds preying on 14 year olds. joeglow3 May 2013 #50
joe, I hate to break it to you... Chan790 May 2013 #48
So, where do you draw the line? joeglow3 May 2013 #52
Sorry, but 14 is way too young to consent, sexual orientation be damned. Arkana May 2013 #51
The Common Law rule was 12. happyslug May 2013 #58
Their First Encounter 4Q2u2 May 2013 #55
Arguing that the legal age cutoffs are inappropriate is perfectly legitimate and valid. lumberjack_jeff May 2013 #59
I agree with you tammywammy May 2013 #63

dipsydoodle

(42,239 posts)
1. "Romeo and Juliet" law will hopefully cover the situation.
Wed May 22, 2013, 03:32 AM
May 2013

The link which starts " Teen girls' relationship...." says the younger one was 15 ?

I've certainly never heard of a case like this with charges being brought in the UK.

LAGC

(5,330 posts)
2. There really needs to be a 5-year rule like some states have already adopted...
Wed May 22, 2013, 03:33 AM
May 2013

Two kids (which is what they both really are) involved in a relationship shouldn't be treated the same way as, say, a 40-year-old having sex with a teen or something.

I mean, you see 50-year wedding anniversary notices in the newspaper all the time, where the bride was 15 and the groom was 21 when they married. While that may be pushing it a bit, I don't see why two teenagers should be treated the same way as true predators. Same goes with teenagers sexting -- it shouldn't be treated the same way as violent child porn.

A little bit of discretion would seem to apply.

Chemisse

(30,817 posts)
5. I agree with you completely.
Wed May 22, 2013, 07:09 AM
May 2013

The laws should be changed. Teen romances shouldn't lead to jail time or a lifetime of being tagged a sex offender.

The genders are irrelevant.

treestar

(82,383 posts)
8. So true. It is four years in my state
Wed May 22, 2013, 08:03 AM
May 2013

But the gap should be there to cover all teen relationships. This use of these laws just shows how badly they were written.

orleans

(34,077 posts)
3. gay or straight--that age difference is/can be a legal problem when it comes to
Wed May 22, 2013, 04:17 AM
May 2013

a relationship.
i was 13 with a 17 year old boyfriend (then i was 14, he was 18) and it was always a worry for us "getting caught" and a major concern of his parents. and that was back in the 70s when life was more kicked back (or so it seems).

the article says gender is not an issue--it's the age difference.

"The younger girl’s parents went to the police after learning from a coach, school employees and students that their daughter was having a relationship, according to a report from the Indian River County Sheriff’s office. The parents’ information led to the investigation.

"A sheriff’s deputy interviewed Ms. Hunt. In a summary of her statement, he wrote that she had confirmed having a sexual encounter with the girl in the school bathroom and in her bedroom. The younger girl’s name is blotted out throughout the publicly released form, but the final line of the report tackles the difference in age. When he asked Ms. Hunt if she knew it was wrong to have sex with the 14-year-old, “Kaitlyn stated that she did not think about it because” the girl “acted older.”
http://www.nytimes.com/2013/05/22/us/florida-18-year-old-arrested-for-encounters-with-friend-14-gets-online-support.html?_r=0

i have to wonder if the 14 yr old's mother would have gone to the police if the 18 yr old had been a boy. ? maybe ?

i know i'm stereotyping teenage girls here, and maybe i'm being naive, but it's hard to imagine (having once been a teenage girl myself) a school bathroom as a place teenage girls would have (or want to have) a "sexual encounter" (unless a kiss is considered a "sexual encounter"--but maybe it is)



 

BigD_95

(911 posts)
4. sorry
Wed May 22, 2013, 07:02 AM
May 2013

18 with a 14 year old? throw the book at her. That is sick. You might cry only 4 years but there is a big difference between 18 year old and 14. I hope she does time behind bars and then to use same sex as a cry for a defense is sick and twisited mind. I would freak if I had a daughter or son at 14 and someone of the same sex or not that was 18 was messing with them.

Dash87

(3,220 posts)
9. Wut? They're both kids, about 3.5 years apart.
Wed May 22, 2013, 09:06 AM
May 2013

That's seriously not a pedophile. They were peers in school, and she just turned 18. If she was 28, it would be a different story, but this violates all common sense.

avogadro

(24 posts)
33. I agree
Wed May 22, 2013, 12:33 PM
May 2013

She should be prosecuted, as should an 18 year old man who has sex with a 14 year old girl, or an 18 year old woman with a 14 year old boy.

 

Codeine

(25,586 posts)
6. Yeahhhh, if my daughter is with an 18-yr-old at 14, I'm not going to be pleased.
Wed May 22, 2013, 07:41 AM
May 2013

I don't care if the 18-year-old is male or female it's still not cool. Folks wouldn't be rushing to the defense of an 18-year-old boy screwing a 14-year-old girl, would they?

 

cali

(114,904 posts)
11. first of all, it's my understanding that the younger girl was just shy of 15
Wed May 22, 2013, 09:15 AM
May 2013

secondly, I guess it depends on the situation and the kids. Kids are sexual. 18 and 15 is not a huge age difference.

Occulus

(20,599 posts)
14. Freshman/senior.
Wed May 22, 2013, 09:30 AM
May 2013

Maybe Sophomore/senior, given the 18-yo just turned 18.

And yes, folks would be rushing to defend them both. I'm one of them. This will completely destroy this young lady's life if she's convicted, and probably both of their lives. Neither of them were troublemakers, the 18-yo at least, was doing well in school, this was an actual relationship, etc.

This is being done out of sheer spite, probably at the instigation of the other girl's parents as retribution for being gay, or because the older one is and they're using the law to punish her for that (far more likely, to my mind). Yes, that happens. A **LOT**.

When I was in high school, in marching band, our drumline instructor was... well, let's just say if he'd made any advances toward me, it would have happened (then and there if possible), and without any argument or hesitation on my part. And I was- what, all of 15, maybe 16, when he was in his early twenties. At the time, definitely illegal. I would have made it absolutely clear it wasn't just consensual, but enthusiastic on my part. Still would have landed him in jail, had it happened and we'd been caught.

My parents kicked me out of the house for being gay. A year later they ended their financial aid for college. I dropped out and never was able to go back. I can only imagine what horrors they would have put me and my lover through, had I had one, and our ages were just far enough to make our love illegal.

LisaL

(44,974 posts)
17. If this was an 18 year old male, he could have ended up in the exact same predicament.
Wed May 22, 2013, 09:48 AM
May 2013

The way the law is written, it doesn't discriminate based on gender.

Occulus

(20,599 posts)
20. People do discriminate, though
Wed May 22, 2013, 11:18 AM
May 2013

Everything I've read carries a stench with which I'm personally familiar.

LisaL

(44,974 posts)
21. They sure do.
Wed May 22, 2013, 11:20 AM
May 2013

I don't think an 18 year old male accused of having sex with a 14 year old female would get as much sympathy here.

Occulus

(20,599 posts)
23. Since that's not what we're talking about, it doesn't really matter.
Wed May 22, 2013, 11:41 AM
May 2013

What I was saying is, living where I did when I was 16, had I been in a relationship with someone older, but of the same age difference, there is a possibility I and my lover at that time and in that place could have found myself in the same situation because, my parents being the bigots they revealed themselves to be later, could well have exerted the same pressure upon the authorities to "do something" about it, in much the same way as is happening here.

It seems to me as I dig through my memory that almost all of these kinds of age-difference cases I've heard of in my life that involve GLBT youth also seem to have one other commonality: one set of parents are homophobes who use the law as written to carry their crusade far past the point a judge ruled and the situation should have ended.

Or, as in this case, two favorable rulings.

uppityperson

(115,681 posts)
30. Yes, sexual orientation and gender are a big part of what we are talking about.
Wed May 22, 2013, 11:59 AM
May 2013

I see 3 things here. The age differential/statutory rape. The sexual orientation. Being reported.

They are saying she is being prosecuted for sexual orientation, not due to the age difference part of statutory rape. They may have been reported due to bigoted parents, but still they were involved with an age difference that was illegal.


If it were a hetero 18 yr old male and 14 yr old female, same thing legally would hold, but there would be more outrage.

The age differential thing is there for a reason, regardless of sexual orientation.

Now, about the reporting by the parents of the younger? Could be they were homophobic bigots who wanted to control their daughter's sexual orientation. Or could be like the parents of my niece who reported her older boyfriend while trying to protect her from someone who was 4 yrs older.


marshall

(6,665 posts)
7. My uncle was 13 when he married a 20 year old
Wed May 22, 2013, 07:57 AM
May 2013

They were happily married for over 70 years before she passed away.

 

Chan790

(20,176 posts)
44. That would be like my grandparents...
Wed May 22, 2013, 02:53 PM
May 2013

except they never really liked each other all that much.

He was 15, she was 23. They were, what we today would call, hooking-up...and not using birth control. She discovered she was pregnant and went to his mother who forced him to marry Grandma not because she was pregnant but because great-grandma was very Catholic...if you're f**king, you're married as far as she was concerned.

 

Kelvin Mace

(17,469 posts)
13. Isn't the girl 15 now?
Wed May 22, 2013, 09:22 AM
May 2013

I thought I read that the relationship started when the older girls was 17 and the younger 14 and the parents waited until the girl turned 18 to haul these bigoted asses to the equally bigoted DA and press charges..

Occulus

(20,599 posts)
15. That was what the first four or five articles I read said
Wed May 22, 2013, 09:36 AM
May 2013

This is the first I've seen to make the claim the girl was 14. Maybe she was when the relationship started, but the older girl would have to have been younger, too.

LisaL

(44,974 posts)
25. 18 and 14, accodring to the report.
Wed May 22, 2013, 11:48 AM
May 2013

"According to an arrest affidavit obtained by WTSP, Kaitlyn and her girlfriend began dating in November 2012. The victim reportedly told police they began a sexual relationship and according to the report, the victim was 14 and Kaitlyn was 18."

http://www.cbsnews.com/8301-504083_162-57585481-504083/kaitlyn-hunt-update-charges-against-girl-18-in-same-sex-underage-relationship-wont-be-dropped-despite-public-outcry-fla-state-attorney-says/
 

Kelvin Mace

(17,469 posts)
32. Yes, she was 14 when the relationsip
Wed May 22, 2013, 12:28 PM
May 2013

started, and the older girl 17. However I believe she is 15 now, yet the newspapers keep saying 18-14, instead of 17-14/18-15.

 

joeglow3

(6,228 posts)
42. No. Sympathizers are minimizing it
Wed May 22, 2013, 02:44 PM
May 2013

Look at the police report. It STARTED when they were 18 & 14.

 

Chan790

(20,176 posts)
45. Whether 17/14, 18/15 or 18/14...
Wed May 22, 2013, 03:02 PM
May 2013

the reality is that they are 3 years and a few months apart in age.

brett_jv

(1,245 posts)
39. No, Kaitlyn was 18 when they started dating, other girl was 14.
Wed May 22, 2013, 01:58 PM
May 2013

Kaitlyn is still 18 (turned Sept, 2012), the other girl has recently turned 15 (in May, 2013). There's about 3.5 years age difference between them.

 

Kelvin Mace

(17,469 posts)
53. According to news accounts I read, they started dating when she was 17
Wed May 22, 2013, 04:05 PM
May 2013

and the parents waited until she turned 18 to file charges.

From Mother Jones:

When Florida high school student Kaitlyn Hunt was 17, she began dating a 15-year-old teammate on her school's girls' basketball team. Kaitlyn's parents say the parents of the 15-year-old never complained to them about the (consensual) relationship. But a few months after Kaitlyn turned 18, the younger girl's parents had her arrested.

erpowers

(9,350 posts)
18. Disagree With the Parents
Wed May 22, 2013, 10:35 AM
May 2013

I do not think Ms. Hunt is being prosecuted because she is in a same sex relationship. She is being prosecuted because her girlfriend is 14 years. It is against the law in a number of states, including Florida for adults to have sex with minors.

However, I think Ms. Hunt should not have been expelled from school. I do not think what she did rose to the level of something that required expulsion.

 

Kelvin Mace

(17,469 posts)
54. According to news accounts I read, they started dating when she was 17
Wed May 22, 2013, 04:07 PM
May 2013

and the girl was 14. That is a three year age difference.

The parents also waited until she turned 18 to file a complaint. If they had a problem with it before hand, why did they remain silent?

 

L0oniX

(31,493 posts)
19. ...and the mug shot .coms get flooded with traffic...
Wed May 22, 2013, 11:08 AM
May 2013

It is so easy to get rather personal information with these sites. It's like you get stripped naked in public. I know its a bit ironic but for this example take a look...

http://mugshots.com/US-Counties/Florida/Indian-River-County-FL/Kaitlyn-Ashley-Hunt.47264514/details/

Address, tattoos, dimensions ect. It's one thing to go to a gov site with the mug shot which does not get indexed and another when these parasite mugshot sites get the info which does get indexed ...and they do it to extort money from those who's cases are dropped.

 

Pragdem

(233 posts)
24. Meh. These laws aren't meant for these types of situations.
Wed May 22, 2013, 11:47 AM
May 2013

Sad that prosecutors continue to abuse them.

Occulus

(20,599 posts)
31. um,
Wed May 22, 2013, 12:14 PM
May 2013
http://www.wptv.com/dpp/news/region_indian_river_county/sebastian/floridas-romeo-and-juliet-law-could-be-used-in-kaitlyn-hunt-case-removes-sex-offender-status

So, it seems the exception applies and the prosecution is overbroad. A possible 15 years is going way way way too far. Asking her to plead to child abuse is fucking insane.

This whole case is a travesty.

uppityperson

(115,681 posts)
27. Being prosecuted for breaking the law, may have been reported for sexual orientation. Plea bargain..
Wed May 22, 2013, 11:51 AM
May 2013

Statutory rape laws typically hold age difference rule. However, the parents may have decided to report it because of sexual orientation. There is a reason for statutory rape laws, including the age differential part and "she/he acted older" is not a defense.

When he asked Ms. Hunt if she knew it was wrong to have sex with the 14-year-old, “Kaitlyn stated that she did not think about it because” the girl “acted older.”

Steven Hunt Jr., Ms. Hunt’s father, wrote in an introduction to the online petition that he believed “Kaitlyn’s girlfriend’s parents are pressing charges because they are against the same-sex relationship, even though their daughter has stated that this is a consensual relationship.” A little later, he added, “Now she’s been expelled from school and is facing serious felonies — all because she is in love.”




They offered a plea bargain...

Prosecutors have offered Ms. Hunt a plea-bargain agreement that would allow her to plead no contest to a lesser charge of child abuse, and they have promised not to seek prison time. She could then be sentenced to community control, which could require an ankle monitor, or probation. The judge could withhold adjudication. That would mean she would not have to register as a sex offender, and her record could be expunged later.

LisaL

(44,974 posts)
28. And if it was 18 year old male claiming 14 year old female was "acting older"
Wed May 22, 2013, 11:54 AM
May 2013

I kind of doubt it would fly on DU.

 

happyslug

(14,779 posts)
57. As to DU, yes, but the sentence will be the same
Wed May 22, 2013, 05:12 PM
May 2013

i.e. no jail time, probation at best (and most likely some sort of Alternative Resolution Disposition, i.e. no permanent record if he fulfills his probation period without any other violations of the law (We are talking if the older person was a male, thus the above sentences uses he and his not she and her's).

Orangepeel

(13,933 posts)
61. I remembered this case being discussed on DU. Everybody was on his side.
Wed May 22, 2013, 10:02 PM
May 2013

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3043965

The Georgia Supreme Court on Friday ordered the release of Genarlow Wilson, the Douglas County teenager who has been serving a controversial 10-year sentence for consensual oral sex.

The court's 4-3 decision upholds a Monroe County judge's ruling that the sentence constituted cruel and unusual punishment under both the Georgia and U.S. constitutions.

The majority opinion said the sentence appeared to be "grossly disproportionate" to the teenager's crime and noted that it was out of step with current law.

Wilson was convicted in 2005 of aggravated child molestation for having oral sex with a 15-year-old girl at a New Year's Eve party in a hotel room. He was 17 at the time.

At the time the law the crime carried a mandatory 10-year sentence with no parole. However, the law was changed in 2006 to make Wilson's crime a misdemeanor with a maximum 1-year sentence.

cynzke

(1,254 posts)
38. Seems To Me
Wed May 22, 2013, 01:46 PM
May 2013

That the Prosecutors want to find a milder solution to this situation rather than prosecuting the full extent of the law. They seem to recognize that the ages of the parties involved, should be give a more lenient treatment.

 

happyslug

(14,779 posts)
56. That sound about how most such crimes are resolved.
Wed May 22, 2013, 05:08 PM
May 2013

It is rare for people in such situations (even if a boyfiriend-Girlfriend) relationship to go to jail for this type of crime. Most are given some sort of alternative sentence and the charges dropped (i.e, put on probation, told NOT to chase after such young things and watched to make sure they do not).

 

happyslug

(14,779 posts)
29. In Florida the cut off is 16 if the older person is over 18.
Wed May 22, 2013, 11:56 AM
May 2013
Fla. Stat. § 800.04 (2012)

§ 800.04. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

(1) Definitions. --As used in this section:

(a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

(b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.

(c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.

(d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

(2) Prohibited defenses. --Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.

(3) Ignorance or belief of victim's age. --The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.

(4) Lewd or lascivious battery. --A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or


(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Lewd or lascivious molestation.

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.


(c) 1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Lewd or lascivious conduct.

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) Lewd or lascivious exhibition.

(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(8) Exception. --A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.




In California the cut off is THREE years difference in ages:

§ 261.5. Unlawful sexual intercourse with a minor; Misdemeanor or felony violation; Civil penalties

(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(e)

(1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).

(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.


In my Home state of Pennsylvania the cut off is four years, if the victim is less then 16 years of age (i.e. if some within four years of age of the person under 16 but older then 14 NOT a crime, but if age difference is more then four years, it is a sexual crime).
 

AngryAmish

(25,704 posts)
34. I turned 18 in college.
Wed May 22, 2013, 12:37 PM
May 2013

That would be like I was dating a freshman in high school then.

That is not ok.

kiranon

(1,727 posts)
37. IMHO the 18 year old needs to find someone older.
Wed May 22, 2013, 01:12 PM
May 2013

Younger teens need to find out who they are and not from a needy 18 year old who maybe cannot get someone older to be with them. Having lived for many years, it seems to me that these older teens/younger teens relationships benefit the older teen a lot more than the younger one. Often the older teen is taking advantage of the younger. If a teen is 18 then they should leave the younger ones alone or face legal consequences which are known and clearly spelled out in the law. I'd go with a cut off age of 16 and a two year difference upwards (not downwards) but in this case, the younger is too young.

 

Comrade Grumpy

(13,184 posts)
41. I am appalled that so many DUers want to criminalize this high school student.
Wed May 22, 2013, 02:34 PM
May 2013

Teenagers do have sex, whether we like it or not.

This case shows the arbitrary nature of drawing bright, age-defined lines in the sand. The kid is legal one day, a sex pervert the next. Really?

 

joeglow3

(6,228 posts)
43. I am appalled that so many DUers want to normalize this high school student
Wed May 22, 2013, 02:50 PM
May 2013

There is a world of difference between 14 and 18 year olds. 14 year olds are just starting high school. Just beginning to understand what the world of being a future adult looks like. Start to shed their child-like behaviors and begin to find out who they are.

18 year olds have already done this and in almost all cases are looking for a easy, young target. As someone posted above, this relationship benefited the 18 year old MUCH more than the 14 year.

When I was in high school, it was almost a game amongst the seniors to take advantage of the freshman for all these reasons. This SHOULD be criminalized.

 

Comrade Grumpy

(13,184 posts)
46. Yeah, I do want to normalize this high school student. I don't think she's a criminal.
Wed May 22, 2013, 03:04 PM
May 2013

She just turned 18 for goodness' sake. Three weeks ago, she wasn't a "criminal." And the girl is now 15.

They were in a relationship.

The prosecution appears to be mainly because it was a lesbian relationship.

I don't think the criminal justice system is necessarily the best way of dealing with social problems like this. Especially not in this case. Is this girl the face of sexual predation?

 

joeglow3

(6,228 posts)
49. The relationship started AFTER she was 18 for a few months.
Wed May 22, 2013, 03:50 PM
May 2013

Where do YOU draw the line in the sand? Keep in mind, if you allow discretion, the very discrimination people are claiming here will be rampant.

 

Comrade Grumpy

(13,184 posts)
47. There is a reason the US has the world's highest imprisonment rates...
Wed May 22, 2013, 03:05 PM
May 2013

...and I don't think it's because we're so much more worse than everybody else. Instead, we have a very strong punisher impulse. It's on display (yet again) in this thread.

 

joeglow3

(6,228 posts)
50. Yes. Because of drug crimes. Not 18 year olds preying on 14 year olds.
Wed May 22, 2013, 03:52 PM
May 2013

I many cases, this would be a senior in high school having sex with a middle schooler. Sorry, but that is not acceptable.

 

Chan790

(20,176 posts)
48. joe, I hate to break it to you...
Wed May 22, 2013, 03:26 PM
May 2013

14 year olds sometimes discover who they are, having sex. Sometimes it's with partners that fall outside of what others might find appropriate or comfortable. 18 year olds too sometimes discover who they are, having sex.

This is normal. It may or not be legal, should or should not be legal...but it is normal behavior.

It's far more abnormal to deny that a 14 year old might be sexually attracted to a 17/18 year old or to deny that 14-year-olds are sexual beings who make their own sexual choices...in favor of a more-comfortable view that they are naive pixies to be exploited by worldly late-teen incubi and must be protected from their own desires and genitalia.

18-year old HS students are not adults. I know because I remember being one; they're more like tadpoles that just sprouted legs.

 

joeglow3

(6,228 posts)
52. So, where do you draw the line?
Wed May 22, 2013, 03:55 PM
May 2013

18 and 12 (plenty of 12 year olds are having sex). My wife just had a 11 year old patient come in pregnant from her "boyfriend." is 18 and 11 okay? They are both just "discovering" themselves. Sorry, but you cannot convince me that, one average, an 18 year old college student (I was 18 when I started college) having sex with a 14 year old middle schooler (as my son will be) is okay.

 

happyslug

(14,779 posts)
58. The Common Law rule was 12.
Wed May 22, 2013, 05:18 PM
May 2013

Came up in the late 1990s in Pennsylvania. A Teacher was having sex with his 12 year old female student. They were caught. He claim that they were common law husband and wife. She said they had exchanged vows as man and wife (which is all that is required to have a valid Common Law Marriage in Pennsylvania and most other states that still recognize Common Law Marriages).

If a couple is married, sex is permitted. Thus the validly of the Common Law Marriage was a factor in the case. The Pennsylvania Supreme Court ruled that since the State Legislature had NEVER addressed the issue of Common law Marriage, the Common Law Rule on consent to Sex and Marriage still applied in such marriages. The Common Law rule was age 12, the girl was age 12 and thus could give valid consent to being married and thus the sex was NOT illegal.

Please note, Parental Permission was NOT needed to have a valid Common Law Marriage. Due to that case Pennsylvania outlawed entering Common Law Marriages after January 1st, 2005.

 

4Q2u2

(1,406 posts)
55. Their First Encounter
Wed May 22, 2013, 04:09 PM
May 2013

If you eliminate their sexes in the description and look at how an 18 yr old person and a 14 yr old person had sex in the school bathroom and that does not bother you, then there will be no moving off that point. Seems people are also getting on the Basketball Coach. But is she not a mandatory reporter of crimes and abuse? Are they not also taught, when in doubt report?
Is this the old boys will be boys and she is only 18 argument, many here tried that one for the Boston Bombing Criminal as well.

 

lumberjack_jeff

(33,224 posts)
59. Arguing that the legal age cutoffs are inappropriate is perfectly legitimate and valid.
Wed May 22, 2013, 09:44 PM
May 2013

Arguing that the law is invalid because it caught a young woman in it's net isn't.

I'm as sympathetic toward Kaitlin as I am to the guy on the football team busted for dating an underage girl.

In my experience, the maturity differential between a 15 year old girl and an 18 year old guy is less pronounced than the maturity difference between a 15 year old girl and an 18 year old girl.

FWIW, I've been married for 35 years to a woman whom I began dating when I was 18 and she was 15.

tammywammy

(26,582 posts)
63. I agree with you
Wed May 22, 2013, 10:06 PM
May 2013

Especially if like this couple, the two involved are peers in the same group. Same basketball team, I think some of the same classes, etc.

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