Kyle Weber swore the girl was 17, but when he started sending sexually explicit pictures from his cell phone to a 15-year-old, it was the beginning of series of events that would land him in jail.
Weber, 22, met the girl a few days before his arrest on Sunday while she was shopping with her mother in Hot Topic where Weber was working, according to a Gainesville Police report.
They exchanged numbers and when he asked her how old she was, she said 17. According to Florida law, someone over 18 but under the age of 24 may legally have sex with a minor 16 or older.
He sent her a picture of his penis over texts. He then met up with her for dinner and later had sex with her.
Unfortunately for Weber, the girl was underaged.
The sexual act happened Wednesday. By 8:15 p.m. Sunday, Weber had been arrested.
After being read his rights, Weber told police he thought she’d been 17 because that’s what she told him. He was adamant that if he’d known she was only 15 he wouldn’t have become involved.
Weber was taken to jail on one felony count of committing lewd or lascivious battery on a person under 16 and another felony count of transmitting mail harmful to minors via an electronic device.
Weber was released by Alachua County Judge Tom Jaworski at 1:10 p.m. Monday on the conditions that he live with his parents and use a cell phone without any texting privileges. His release is not a verdict and Weber will have to come back to court at a later date to have his hearing.
