Legal Question in Criminal Law in Florida

Florida age of consent laws

Hello, I am looking for clarification on the Age of Consent laws in Florida.

The only information I can find states that: ''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...''

What I'm wondering is how the law works if the person is under 24 years of age?

If one person is 23, and the other 16, are there any legal repercussions that could arise?

Is it necessary to have the permission of the younger person's parents in order to engage in consensual activities?

They would be aware that we are dating, but I'm wondering what would happen if it progressed to a physical level.

Is it legal to even date and not participate in sexual activities?

Is it possible for 23 year old to be charged with anything should the parents of the 16 year old disagree with the relationship?

Also, the law says a person ''24 years of age or older'', does this mean that a 23 year old being involved in a relationship with a 16 year old is ok, but if they then turn 24 years old after the fact it is no longer legal?

I'm hoping that you could help clarify and simplify what the law consists of, as I am not very good with ''legalize'' as it were.


Asked on 5/19/08, 7:32 am

1 Answer from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Florida age of consent laws

I am dealing with a client right now who is being prosecuted under this statute. He is being held in jail and the first offer by the state was 6 years prison. The very thing you mention near the end of your question happened to him. The girl changed her mind, fell out of love, whatever, but the bottom line is the State pressed charges and we are set for trial in June. You are tempting fate and risking ruining the rest of your life.

Scott Cupp

cupplaw dot com

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Answered on 5/19/08, 7:42 am


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