Legal Question in Criminal Law in Florida

I am a 19 year old male and have been dating my girlfriend for the last 6+ months. The day I met her mother 6 months ago, her mom said I was too old and said no to us dating. We had already been dating for 2 weeks at that point though, so we continued dating and just hid it. We have seen each other on a regular basis and have managed to keep our relationship hidden from her mother the whole time. I know that FL law states that as long as I am under 24 it is not illegal for me to date her, however my question is does the fact of her mother not knowing change things? Also, in the last month I have moved out of my parents' and into a place with some roommates. She has spent the night with me many times in the past but we were always with her 17 year old sister and her sister's boyfriend at his mom's house. The last 2 weeks over Christmas break however, she has stayed with me at MY house. Is that illegal also? Lastly, if anything is illegal, if we manage to keep it hidden till she turns 18, when we comes out to her mother can her mother come back on us? Like a statute of limitations or something? Thanks.


Asked on 1/01/10, 10:41 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It is legal to date her if she is 16 years of age or older (you did not state how old she is). No parental consent will waive the law if she is under 16; likewise, no parental consent is necessary if she is over 16 -- as far as your acts being CRIMINAL. The criminal law on this is clear, and parental knowledge or consent cannot waive or change it. However, until your girlfriend is 18, and while she is living under her parent's roof, she must obey her parents' rules.

1. The mother's knowledge or consent makes no difference in determining whether your acts are CRIMINAL.

2. It is not criminal for her to stay at your house. However, it is clearly against her parent's wishes, and they pretty much may impose any penalty they want.

3. No. If your acts are illegal (i.e. she is under 16), I think you could still be prosecuted in 2 years, though the SOL may be close.

If your acts aren't criminal, I don't understand why you are even worried about the mother. You should be worried, for your girlfriend's sake, whether she gets into trouble with her parents and whether this ruins her relationship with her family. The only thing I can see the cops knocking down the door for is when her daddy pulls a shot gun on you.

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Answered on 1/07/10, 2:26 am


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