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Florida Age of Consent Law

In Florida, a person who is at least 18 years old can legally consent to participate in sexual activity. This means anyone who is 17 years of age or younger cannot legally consent to such activity.

When an adult has sex with an underage individual, it is considered statutory rape. Although the exact charges depend on the age of the alleged victim, these sex crimes are considered felony offenses.

Common types of statutory rape offenses include:

  • Unlawful sexual activity with certain minors – When an adult at least 24 years old sexual penetrates a minor who is 16 or 17, he/she could be charged with a second-degree felony, which carries a maximum 15-year prison sentence and a fine no more than $10,000.
  • Lewd and lascivious battery – When an adult sexual penetrates a minor who is 13 or 15 years old, he/she could be charged with a second-degree felony.
  • Lewd and lascivious conduct – When an adult engages in sexual touching with a minor who is 15 years of age, he/she could be charged with a second-degree felony.

Keep in mind, Florida has a close-in-age exemption that addresses consensual high school relationships, which is commonly known as the “Romeo & Juliet” law. According to this law, minors between 13 and 17 cannot be found guilty of statutory rape—as long as they are not more than four years older than their partner.

If you have been accused of a sex crime in Miami, contact Jeffrey S. Weiner, P.A. today at (305) 670-9919 and schedule a free consultation.

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