Florida Statutory Rape Law: What is age of consent?

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Florida’s Statutory Rape Laws & The Age of Consent

Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense. For example, a state might set the age of consent at In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age. If you need a quick guide for each state, a chart is provided below.

Be aware that the law may be more complex than the chart shows and that the information given is subject to change. You can refer to our reviews page if you want to know what our clients have to say about us.

learn about the age of consent and the statutory rape laws in Florida. a close​-in-age exemption (Romeo & Juliet Law) allowing minors who.

The Florida Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in Florida are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Florida statutory rape law is violated when a person has consensual sexual intercourse with an individual under Age Close in age exemptions exist, allowing minors aged 16 or 17 to engage in sexual intercourse with a partner no older than age Florida has a close-in-age exemption.

A close in age exemption , also known as “Romeo and Juliet law”, is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Depending on the situation, the Florida close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.

The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state’s age of consent laws. Florida has four statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Florida Age of Consent, as statutory rape or the Florida equivalent of that charge.

Statutory Rape: The Age of Consent

In Florida, the crime of Unlawful Sexual Activity with Minors makes it illegal for a person 24 or older to have consensual sex with a 16 or 17 year old. Under Florida Statute While it is legal under certain situations for an adult to have consensual sex with a minor it is nonetheless Sexual Battery Rape if the minor alleges the sex was non-consensual or forced.

What The Law Says · Unlawful sexual activity with certain minors is defined as sexual penetration between a minor who is and an adult at least 24 years old.

In order to lawfully engage in sexual activity, a person must be old enough to give their consent. In Florida, the age of consent is 18 years old. Any person who is under the age of 18 does not have full authority to consent to sexual conduct. Engaging in sexual activity with an underage person is statutory rape. These cases are deeply complex. The penalties for this type of sex crime will vary depending on the specific nature of the underlying allegations. In , the Florida state legislature passed a law to address widespread concerns that normal and consensual high school relationships were being criminalized.

In Florida, a person who is over the age of 18 and who engages in any form of sexual conduct with a person between the ages of 12 and 15 can be charged with a lewd and lascivious offense. This is a very serious felony charge. The penalties could include a lengthy prison sentence and lifetime registration as a sex offender.

A person who commits a sexual offense against a child who is less than 12 years old can be charged with sexual battery. In Florida, this offense can be charged as a first degree felony offense or even as a capital felony defense.

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Prosecutors in Florida and federal law enforcement agencies fight diligently to convict individuals who are found to be in possession of child pornography. Often, they refuse to plea these cases and will seek the maximum punishment possible. It is important for defendants to understand the nature of the charges against them and the potential penalties that can result from being found in possession of child pornography in Florida.

of legal custodian, within a reasonable time after the date adoption of, or parental rights and responsibilities for a minor child shall take precedence over other.

Florida statutory rape law makes sexual relationships between persons of certain ages illegal, even if both parties are consenting. Learn what the law says about age of consent, close-in-age laws, and prohibited defenses. Whatever the circumstances, make sure you have legal representation. Goldman Wetzel can help — call us at Generally, the age of consent in the state is However, sexual activity between a person who is 16 or 17 and up to 23 years old is not illegal under Florida law.

Sound confusing? For a lot of people it is. Several sections of the Florida Statutes pertain to age of consent. The charges one faces depend on the age of both the alleged victim and defendant, as well as the circumstances of the alleged incident. Even if you are able to prove that a reasonable person would have believed the victim was older than he or she appeared to be, it is not a valid defense in Florida.

Obscenity laws in Florida

Age of consent reform is an effort to change age of consent laws. Proposed reforms typically include raising, lowering, or abolishing the age of consent, applying or not applying close-in-age exemptions, changing penalties, or changing how cases are examined in court. A related issue is whether or not to apply ages of consent to homosexual relationships that are different from those applied to heterosexual relationships. Organized efforts have ranged from academic discussions to political petitions.

There have been many initiatives to raise and lower the age of consent.

However, in Florida, the law allows someone as old as 23 (an adult) to date someone as young as 16 (a minor), so you can see where the laws.

Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship. In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor.

The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender. The offense must be the only sex crime on the offender’s record. This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society. Section Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.

The person must allege in the motion that he or she meets the criteria in subsection 1 and that removal of the registration requirement will not conflict with federal law. The state attorney must be given notice of the motion at least 21 days before the date of sentencing or disposition of this violation and may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied. At sentencing or disposition of this violation, the court shall rule on this motion and, if the court determines the person meets the criteria in subsection 1 and the removal of the registration requirement will not conflict with federal law, it may grant the motion and order the removal of the registration requirement.

If the court denies the motion, the person is not authorized under this section to petition for removal of the registration requirement. Is not a person described in subsection 2 because the violation of s. Is subject to registration as a sexual offender or sexual predator for a violation of s. The person must allege in the petition that he or she meets the criteria in subsection 1 and removal of the registration requirement will not conflict with federal law.

Romeo & Juliet Law

If the offense described in this subsection was committed on or after October 1, , a person who qualifies as a dangerous sexual felony offender pursuant to this subsection must be sentenced to a mandatory minimum term of 50 years imprisonment up to, and including, life imprisonment. This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter and determining incentive gain-time eligibility under chapter , a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.

If the court sentences a defendant to be treated with medroxyprogesterone acetate MPA , the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed under s. Section

Parents of the minor can file both criminal and civil charges against the Generally, Florida law prohibits adults age 18 and older from.

In Florida, the age of legal consent is This means that once an individual turns 18 years old, he or she may have a sexual relationship with any other adult except for in certain situations where one adult has authority over the other, such as an inmate and a guard in a prison. But this does not tell the whole story of who may have sex with whom under Florida law. Certain protections exist to prevent individuals who engage in consensual sexual relationships with peers close to their age from being convicted of sex crimes.

A sex crime conviction carries steep penalties, such as fines, jail time, and the requirement that the defendant register with the Florida Sex Offender Registry. In Florida, it is legal for an individual between the ages of 16 and 23 to have a sexual relationship with an individual aged 16 or Lewd and lascivious battery is often known as statutory rape. This can be through persuasion, coercion, or manipulation, and the sexual act does not actually have to occur for the adult to be charged with lewd and lascivious battery.

Frequently Asked Legal Questions

In Florida, it is illegal for a person age 18 or older to have sex with someone under the age of 18, even if the sex is consensual. The reason for this is that minors are not capable of giving informed consent to sex in the eyes of the law. Those who break this law have committed the crime of statutory rape.

Romeo and Juliet’s laws attempt to legally define the difference between minors or an adult 18 years of age and a minor years of age have Florida’s new law still regards underage sex as a crime, but a judge may.

The Romeo and Juliet law is a relatively new statutory law that was passed in Under this law, teenagers can now be tried and convicted of sex offenses by engaging in sexual relations with teenagers younger than themselves. Receiving the label of a sex offender can have a significant impact upon a teenager’s life. Sex offender status limits housing, job employment opportunity, and personal life. As such, the law has become fairly notorious. Unfortunately for offenders, while the Romeo and Juliet law does differentiate teenage offenders from adult offenders who prey on children, the sex offender registry does not.

What are the Age of Consent Laws in Florida?

Florida child labor laws regulate the employment of youth in the state of Florida. These laws dictate the ages and the times as well as the types of work they may perform. Generally, speaking children 13 years old or younger may not work in Florida, except in some limited situations.

States’ statutory rape offenses detail the age at which an individual can legally consent to sexual activity. This section focuses on laws.

In Florida, the age of consent is Persons below the age of consent cannot legally consent to having sex, which means that anyone over the age of consent who engages in sexual relations with someone below the age of 18 — even if the minor gives his or her consent — is in violation of the law, and may be charged with statutory rape.

An individual charged with statutory rape in Florida faces several harsh punishments, and must deal with additional consequences for the rest of his or her life. At The Baez Law Firm, our Orlando sex crimes lawyers can help you form a defense to statutory rape charges and ensure that they do not follow you around for the rest of your life.

While the age of consent is 18 in Florida, the state has several provisions that allow and disallow sexual conduct between certain aged individuals. For instance:. Under Florida Statute If you have been charged with statutory rape in Florida, the Orlando sex crimes lawyers at The Baez Law Firm will evaluate every aspect of your case and gather as much evidence as is available in order to form a solid defense on your behalf.

Senator wants to change Florida sex laws