Legal Question in Criminal Law in Florida

Re: unknowing sex with a minor

The intent of the following response is for informational, educational, and discussion purposes only. Reliable legal advice can only be given after a full consultation and discussion of all relevant facts and circumstances.

Sex with a minor is always illegal�regardless of the level of fraud perpetrated by the minor. Your friend needs a lawyer. If the State has not filed charges yet, he should prepare himself to be charged. Depending on the circumstances, he may be able to negotiate the charge to a non-sexual offense, such as Felony Battery or Felony Battery of a Minor. If charged, that would be the only way to avoid having to register as a Sexual Offender. Based on the information provided, if he is charged with a sexual offense against a minor, it sounds like he needs to find a way to suppress any statements that he made. If he admitted having sex with a minor, and can not negotiate the charge, the only time her fraud will help him is at the sentencing. At that point, her fraud may be used to keep him out of prison, but he will still be looking at being labeled a Sexual Offender and a considerable amount of probation.