Unlawful Sexual Activity with Minors in Florida
Ignorance of the victim’s age is precluded by statute as a defense to the crime of Unlawful Sexual Activity with Minors.
In Florida, the crime of Unlawful Sexual Activity with Minors makes it illegal for a person 24 or older to have consensual sex with a 16 or 17 year old.
Definition of Unlawful Sexual Activity with Minors
Under Florida Statute 794.05, the crime of Unlawful Sexual Activity with Minors is committed when a person twenty-four (24) years of age or older engages in consensual sexual activity with a person 16 or 17 years of age.
Ignorance of Victim’s Age
Importantly, even if the victim lied about his or her age or the accused had a bona fide belief the victim was 18 or older, ignorance of the victim’s age is precluded by statute as a defense to the crime of Unlawful Sexual Activity with Minors.
Non-Consensual Sex with Minors
While it is legal under certain situations for an adult (18-23) to have consensual sex with a minor (16-17) it is nonetheless Sexual Battery (Rape) if the minor alleges the sex was non-consensual or forced.
Additionally, a child who is 15 years of age or younger is deemed incapable of consenting to sex. As a result, even if the child verbally consented, it is considered Lewd and Lascivious Battery (Statutory Rape) to have sex with a child 15 years of age or younger.
Penalties for Unlawful Sexual Activity with Minors
The crime of Unlawful Sexual Activity with Minors is a Second Degree Felony punishable by up to fifteen years in prison, fifteen years of sex offender probation, and a $10,000 fine.
Under Florida’s Criminal Punishment Code, Unlawful Sexual Activity with Minors is assigned a Level 6 offense severity ranking and, absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Unlawful Sexual Activity with Minors to a minimum sentence of 5½ years in prison.
Civil Consequences
A person convicted of Unlawful Sexual Activity with Minors would not only be placed on sex offender probation, but would also be declared a sexual offender.
As a result, they would be required to comply with sexual offender registration laws in Florida and throughout the United States for the remainder of their lives.
Romeo and Juliet Exception
The only exception to the mandatory sex offender designation is if the person falls under Florida’s “Romeo and Juliet” law.
This law allows certain individuals to petition the court to be excluded from the sex offender registry. However, you can only petition for exclusion if the facts of your crime meet very specific eligibility requirements.
Defenses to Unlawful Sexual Activity with Minors
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Unlawful Sexual Activity with Minors are:
False Allegations
Unfortunately, false allegations of Unlawful Sexual Activity with Minors are increasingly common in Florida and one of the primary reasons people find themselves accused of Unlawful Sexual Activity with Minors.
Typical reasons for false allegations include:
- Fear of being caught in an affair,
- Jealousy,
- Manipulation of children by an angry parent,
- Mental illness of the accuser, or
- Mentally ill parents influencing a child
As a result, it is critically important to investigate the accuser and expose any motive for making a false accusation of sexual battery or rape.
Young Adult Exception
It is legal for a person who is between the age of twenty-three and sixteen (23 - 16) to have consensual sex or engage in sexual activity with a person who is sixteen (16) or seventeen (17) years of age at the time of the sexual activity.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with Unlawful Sexual Activity with Minors in Central Florida or the greater Orlando area, please contact Sex Crimes Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.