Legal Question in Criminal Law in Florida

FL Statute clarification

Please clarify the following statute. Does this mean that two 16 year olds can legally consent to sexual activity with eachother?

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.


Asked on 2/14/09, 3:04 am

1 Answer from Attorneys

Kelly Papa Law Office of Kelly Papa

Re: FL Statute clarification

There is no law against two 16 year old having consensual sexual relations.

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Answered on 2/14/09, 10:23 am


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