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Gay Fla. teen charged for underage girlfriend

POSTED BY: JONGSSTRAW
UPDATED: Wednesday, May 22, 2013 10:05
SHORT URL:
VIEWED: 890
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Tuesday, May 21, 2013 12:27 PM

JONGSSTRAW


http://news.yahoo.com/gay-fla-teen-charged-underage-girlfriend-2011290
18.html


A pretty unusual case, with lots of grandstanding about "rights". But at the end of the day it's still about a 14 year-old girl.

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Tuesday, May 21, 2013 1:31 PM

HKCAVALIER


No, it's about a 14 year old girl with an 18 year old girlfriend who have been dating for over a year. It's about the younger girl's parents who blame the other girl for their daughter being gay. It's about these parents waiting until the other girl was 18 to get the cops involved. It's about an 18 year old child facing prison, the rest of her life as a convicted felon and a registered sex offender because she had a 13 year old girlfriend when she was 17.

And what the hell is "lewd battery?" I'm actually surprised that a state like Florida even counts acts as "sexual" that don't involve a penis in any regard. How very inclusive of them.

HKCavalier

Hey, hey, hey, don't be mean. We don't have to be mean, because, remember, no matter where you go, there you are.

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Wednesday, May 22, 2013 4:14 AM

NIKI2

Gettin' old, but still a hippie at heart...


I saw this one yesterday and passed on it; to me it's just terribly sad.

And yes, it's about the parents, not the kids. According to her mother:
Quote:

While Kaitlyn was still 17 and the younger girl was 15, the two had consensual sex. When this came to light, the 15-year-old’s parents called the cops and shortly after her 18th birthday, Kaitlyn was arrested and charged with two felony counts of lewd and lascivious battery on a child 12-16 years of age. The parents of the 15-year-old also petitioned to have Kaitlyn expelled from school, and she was. https://www.facebook.com/groups/FreeKate/



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Wednesday, May 22, 2013 8:56 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by HKCavalier:
And what the hell is "lewd battery?"



Quote:

Lewd or Lascivious Battery, which is more commonly known as statutory rape, criminalizes consensual sexual intercourse with a child older than 12, but younger than 16.

If accused of Lewd or Lascivious Battery, you want to know the:
•Definition of Lewd or Lascivious Battery
•Penalties for Lewd or Lascivious Battery
•Defenses to Lewd or Lascivious Battery?Prohibited Defenses


Definition of Lewd or Lascivious Battery

In Florida, the crime of Lewd or Lascivious Battery [1] is defined as:
•Sexual activity with a child older than 12, but younger than 16;
OR
•Encouraging, forcing, or enticing a child older than 12, but younger than 16 to engage in: ?Sadomasochistic Abuse,
?Sexual Bestiality,
?Prostitution, or
?Any other act involving sexual activity.


Penalties for Lewd or Lascivious Battery

Lewd and Lascivious Battery is classified as a Second Degree Felony and is assigned a Level 8 offense severity ranking under Florida's Criminal Punishment Code.

As a result, a first time offender charged with Lewd and Lascivious Battery would be facing:
•A maximum sentence of fifteen (15) years in prison, and
•A minimum sentence of seven and one-half (7½) years in prison.

Mitigating Circumstances

Under certain circumstances, the court can deviate from the minimum prison sentence required under Florida's sentencing guidelines if it can be shown:
•The child was an initiator, willing participant, aggressor, or provoker of the incident;
•The defendant requires specialized treatment for a mental disorder (unrelated to substance abuse or addiction) and is amenable to treatment; or
•The defendant is to be sentenced as a youthful offender before the defendant's 21st birthday.

Civil Consequences

Additionally, if a person is convicted of Lewd or Lascivious Battery, they would not only be placed on sex offender probation, but also be declared a sexual offender.

As a result, they would be required to comply with sexual offender registration laws throughout Florida and the United States for the remainder of their lives.

Romeo and Juliet Exception

In 2007, Florida enacted what is commonly referred to as the "Romeo and Juliet" law.

This law allows certain individuals to petition the court to be excluded from the sex offender registry. However, you can only petition for exclusion if the facts of your crime meet very specific eligibility requirements.



More at...

http://www.richardhornsby.com/crimes/sex/lewd-or-lascivious-battery.ht
ml



"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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Wednesday, May 22, 2013 10:05 AM

HKCAVALIER


Geezer, thanks, but I wasn't looking for someone to google it for me. I know what the court meant by it. I was commenting on the absurd (ab)use of language.

HKCavalier

Hey, hey, hey, don't be mean. We don't have to be mean, because, remember, no matter where you go, there you are.

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