Age of Consent in Florida

In Florida, a person must be at least 18 years of age to lawfully engage in sexual activity. Minors who are 17 years old or younger are to legally able to provide consent.

If a person has sexual intercourse with someone who is under 18, it is considered statutory rape in Florida, which is a serious sex crime. Penalties include jail/prison time, fines, registration as a sex offender, and a permanent criminal record.

However, there is a close-in-age exemption if both partners are close in age, allowing minors who are 16 or 17 to have sex with someone no older than 23 years old. In addition, minors between the ages of 13 and 17 will not be guilty of statutory rape if they are not over four years older than their partner.

Here are the types of sex crimes in Florida that fall under statutory rape:

  • Unlawful sexual activity with certain minors – This crime occurs when an adult who is at least 24 sexually penetrates a minor who is 16 or 17. Unlawful sexual activity with certain minors is a second-degree felony, which carries a maximum 15-year prison term and a fine not exceeding $10,000.
  • Lewd and lascivious crimes involving a minor less than 16 years old – This crime occurs when a person over 18 years old engages in sexual conduct with a minor between 12 and 15 years of age. Depending on the circumstances of the case, lewd and lascivious crimes involving a minor less than 16 years old is charged between a third-degree felony and a life felony.
  • Sexual battery on an individual less than 12 – This crime occurs when a person commits a sexual offense against a child who is younger than 12 years of age. Sexual battery is either a first-degree felony offense or a capital felony offense.
  • Computer pornography or meeting up with minors – This crime occurs when an adult discusses sexual activity with a minor on the internet, with the intention to meet up and make sexual contact. Computer pornography or meeting up with minors can be charged as either a third- or second-degree felony.

If you have been accused of statutory rape in Pensacola, contact the Morris Firm and schedule a case evaluation today.

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