Legal Question in Criminal Law in Florida

Re: Criminal sex laws

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Dating is fine. Doing anything of a sexual nature is not. Consent is no defense. If the State chooses, it can prosecute whether or not the 17 year old or his/her parents consented.

Unfortunately, this holds true even if the adult did not know the true age of the person. I had a case where a male met a female in a lounge where ID's are checked that the door and only those over 21 can enter. The young lady gave a false ID and they met. Things were fine for a few weeks and then her cousin found out who called the police. My client was prosecuted even though any relations were mutually consensual.

Scott R. Jay, Esq.

Re: Criminal sex laws

794.05. Unlawful sexual activity with certain minors

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.