Legal Question in Criminal Law in Florida

Hello, I had a question. In Florida the age of consent is 18 but doesn't that contradict the exemption? It says that the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17. So from what I'm understanding anyone who is 23 years of age or younger can legally have sex with anyone who is at least 16? So can a 19 year old legally have sex with a 16 year old? So if a 19 year old had sex with a 16 year old can the 19 year old get in any kind of trouble if both individuals wanted to act in the activity? Can the parents of the 16 year old press charges? What if the 16 year old gets pregnant will the 19 year old get in trouble? If the 19 year old doesn't get in trouble then what is the whole point of the age of consent being set to 18? Thank you for your time and help


Asked on 9/07/10, 9:55 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me try to simplify. The age of consent is 16. An exception is if the other individual is over age 23, then the other person must be 18. For example, it would be legal for a 23 year old to have sex with a 16 year old (with that person's consent of course), but it would be illegal for a 24 year old to have sex with a 17 year old, even though they are farther apart in age. Bottom line, in order to avoid any issues, wait until you're 18 to have sex.

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Answered on 9/12/10, 4:02 pm


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