Legal Question in Constitutional Law in Florida

Question on Dating a Minor

A friend of mine (22 male) is dating a minor (15 female) and they both have a strong growing relationship. Technically, if you saw them walking down the street together, you would think they were of the same age, because he looks really young for his age, and she looks a lot older. They are both aware of the consequences, and have planned on not having any sexual intercourse until after she is 18. From what I know, they have not had sex at all. My question is, can he get into any sort of trouble if he's just dating her? Also, what exactly does the law say about sexual intercourse with a minor? Does that mean basically just having sex? or is holding hands and kissing involved in that as well? Is kissing and holding hands ''ok'' in this case? I've tried to look it up but nothing leads me to believe theirs anything illegal about it. Also, he is not a pedophile in any way, shape or form! friends have made this remark (after they find out their age) I personally don't believe it and find it offensive even to myself. This is the first person he's dated that is actually younger than him, and since a pedophile is strictly a person who has a sexual attraction to PRE-pubescent children, this is not the case. She is out of puberty.


Asked on 3/25/09, 9:10 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Question on Dating a Minor

15 is on the young side and it doesn't matter what she looks like (or what he looks like). He is an adult and she is a child. At her age, the law proscibes more than just sexual intercourse and he could find himself in big trouble for fondling or any sexual activity. Tell him to wait until she grows up; it sounds like he needs to grow up some too. If her parents do not know about this relationship, they will hit the roof when they do find out and that alone could cause problems. If they do know about the relationship and the extent of any physical conduct then they could face their own set of problems with the law.

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Answered on 3/25/09, 4:54 pm
Richard Stoffels Stoffels Law Group

Re: Question on Dating a Minor

Putting aside the real question, which is why a 22 year old would even consider dating a 15 year old, the law is quite clear. Any sexual contact would be punishable. This includes intercouse, petting, fondling, or other contact.

Don't kid yourself. At any time, the minor's parents could create an incredible problem for the adult, if nothing else by making accusations. I have seen clients go through this, and despite the charges not being filed, or even being found not guilty, their life is never really the same.

Perhaps you should discuss this with your friend, and suggest that despite his emotions, he should start thinking like an adult.

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Answered on 3/25/09, 9:36 am


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