§ 90.4025, Fla. Stat. — Admissibility of Paternity Determination in Certain Prosecutions
Plain English
A narrow, targeted rule. When a person under 18 gives birth and the child’s paternity is established under chapter 742, that evidence of paternity is admissible in certain criminal prosecutions involving sexual offenses against minors — specifically under §§ 794.011 (sexual battery), 794.05 (unlawful sexual activity with minors), 800.04 (lewd or lascivious offenses), and 827.04(3). In short: an established paternity finding can be used to help prove that a defendant fathered the child of an underage victim in those prosecutions.
From the Courtroom
This is a specialized tool for a specific set of child-victim prosecutions. The paternity finding from a chapter 742 proceeding doesn’t have to be re-litigated as a separate fact — the statute makes it admissible directly in the enumerated cases, streamlining proof in some of the most sensitive matters in the system.
Key Points & Authority
- § 90.4025, Fla. Stat. — Where a person under 18 gives birth and paternity is established under chapter 742, that paternity evidence is admissible in prosecutions under §§ 794.011, 794.05, 800.04, and 827.04(3).
- A targeted evidentiary provision limited to the enumerated criminal statutes.
- Federal note: no Federal Rules of Evidence counterpart — a Florida-specific criminal-prosecution provision.
Federal Parallel
Florida-specific. There is no Federal Rules of Evidence counterpart; this is a targeted Florida provision tied to specific state criminal statutes.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
If a person less than 18 years of age gives birth to a child and the paternity of that child is established under chapter 742, such evidence of paternity is admissible in a criminal prosecution under ss. 794.011, 794.05, 800.04, and 827.04(3).
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.4025 makes evidence of paternity established under chapter 742 (where a person under 18 gives birth) admissible in criminal prosecutions under §§794.011, 794.05, 800.04, and 827.04(3).