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Q:     What type of criminal charges could a person (18 years old) face for unknowingly spreading a STD to a 15 year old?  What type of criminal charges could a person who is 18… Scroll down to read more!

Q:     What type of criminal charges could a person (18 years old) face for unknowingly spreading a STD to a 15 year old?  What type of criminal charges could a person who is 18 years old face for unknowingly transmitting a sexually transmitted disease to a 15 year old in the state of Florida? Could it be charges for sexual battery and statutory rape? or simply statutory rape since the 18 year old didn’t know about the disease? Thanks!
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Keith G Langer
Keith G Langer
Criminal Defense Attorney – Wrentham, MA

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Answered Sexual battery on a minor is the charge; spreading a STD is not a criminal offense unless the person knew that he had an STD and failed to disclose it. The sexual contact with a 15 y/o is, however, a very serious offense.

In Florida gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.

A 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger.

If you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is 24 or older, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.

That’s the law. Its black and white. No exceptions. No excuses. No wiggle room. If either the minor is under 16 or the adult is over 23 then its a 100% “NO”, and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.

I hope that I have been helpful in answering your question.

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Asker
Posted about 1 hour ago.
Thank you very much! All the information you provided was very helpful.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted 6 minutes ago.
You are most welcome, and your kind feedback is most appreciated.
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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