Are these two statutes in conflict with each other with regard to age? Is this an error?
Are the following two statutes in conflict with each other with regard to age?
Statute 1:
90.404(2)(b)2. For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.
Statute 2:
800.04(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.
Review:
800.04 defines child molestation as a crime if a victim is LESS than 16. But 90.404 defines child molestation as an act proscribed in 800.04 upon a victim 16 years of age or younger.
