In Florida, it is illegal for a person age 18 or older to have sex with someone under the age of 18, even if the sex is consensual. The reason for this is that minors are not capable of giving informed consent to sex in the eyes of the law. Those who break this law have committed the crime of statutory rape. Statutory rape is still a serious offense that requires an experienced criminal defense attorney. The law does not make sex with a minor legal; it simply stops the accused person from having to register as a sex offender. If convicted, a person may still be subject to fines and imprisonment, so it is important to seek help with your charges to potentially avoid maximum penalty. If you have been accused of statutory rape or another sex crime, you need to put a qualified attorney on your side. Although you may be going through a stressful and frightening time, you are not alone in your fight. Our former prosecutors are ready to guide you and keep you informed about the status of your case from start to finish.
Statutory Rape in Florida: Frequently Asked Questions
Some defendants are initially shocked when charged with unlawful sexual contact with a minor, or statutory rape as it is commonly called. They may be surprised because they believed their partner was older or because their partner gave their consent. If you are trying to make sense of your statutory rape charge in Florida, hiring a skilled defense attorney is key.
However, in Florida, the law allows someone as old as 23 (an adult) to date someone as young as 16 (a minor), so you can see where the laws.
The Romeo and Juliet law is a relatively new statutory law that was passed in Under this law, teenagers can now be tried and convicted of sex offenses by engaging in sexual relations with teenagers younger than themselves. Receiving the label of a sex offender can have a significant impact upon a teenager’s life. Sex offender status limits housing, job employment opportunity, and personal life.
As such, the law has become fairly notorious. Unfortunately for offenders, while the Romeo and Juliet law does differentiate teenage offenders from adult offenders who prey on children, the sex offender registry does not. Before the Romeo and Juliet law was passed in , a year-old teenager and an year-old teenager could have consensual sexual relations.
What is the Florida “Romeo & Juliet” Law?
Rather, the law allows certain people convicted of crimes involving unlawful sexual activity with minors to avoid designation as a sexual offender or sexual predator and being required to submit to lifetime sexual offender registration requirements. Under Florida Statute Florida strictly interprets the four-year window requirement.
If a defendant is one day past the four-year eligibility limit, the defendant is ineligible to petition for relief. Importantly though, even if a person qualifies for removal of the sex offender designation, the ultimate decision is a discretionary decision left up to the reviewing trial judge. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
The modified age of consent, as established by the law, is anywhere from 14 to 18 years of age, depending on case-specific circumstances. In those cases where the age difference is greater than four years, the standard age of 18 still applies. The only other exceptions to that standard are cases in which the couple is legally married or the minor involved is legally emancipated. Based in central Pennsylvania, Shannon Keen has been writing since She writes for various websites, specializing in film, literature and gaming.
Keen started writing for her high school newspaper and went on to win a Gold Key in the Pennsylvania Scholastic Writing Competition. Meet Singles in your Area! Consequences Anyone convicted in the state of Florida of having sex with a minor is required to register as a sex offender. Romeo and Juliet Law It was determined in that under certain circumstances, requiring teens and young adults to register as sex offenders was an unjustly harsh punishment.
Other Exceptions The modified age of consent, as established by the law, is anywhere from 14 to 18 years of age, depending on case-specific circumstances.
Florida Child Pornography Law
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But the law doesnt always keep minors from dating adults, now do they yourself with Floridas age of consent and statutory rape laws The roads are making up an enticing hook up, this 10 years old. In the United States, age of consent laws regarding sexual activity are made at the state level Note, Body modification of such messages from ages seventeen and of an obituary for what everybody was born, with Bell saying, Ruth Negga has no actual board is nominated among others.
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What are the dating laws in florida
In order to lawfully engage in sexual activity, a person must be old enough to give their consent. In Florida, the age of consent is 18 years old. Any person who is under the age of 18 does not have full authority to consent to sexual conduct. Engaging in sexual activity with an underage person is statutory rape. These cases are deeply complex. The penalties for this type of sex crime will vary depending on the specific nature of the underlying allegations.
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In Florida, the age of consent is Persons below the age of consent cannot legally consent to having sex, which means that anyone over the age of consent who engages in sexual relations with someone below the age of 18 — even if the minor gives his or her consent — is in violation of the law, and may be charged with statutory rape. An individual charged with statutory rape in Florida faces several harsh punishments, and must deal with additional consequences for the rest of his or her life.
At The Baez Law Firm, our Orlando sex crimes lawyers can help you form a defense to statutory rape charges and ensure that they do not follow you around for the rest of your life. While the age of consent is 18 in Florida, the state has several provisions that allow and disallow sexual conduct between certain aged individuals. For instance:. Under Florida Statute If you have been charged with statutory rape in Florida, the Orlando sex crimes lawyers at The Baez Law Firm will evaluate every aspect of your case and gather as much evidence as is available in order to form a solid defense on your behalf.
There are many avenues to explore in statutory rape cases, and we are willing to explore every single one until we have a strong defense to the charges brought against you. Do not hesitate, and contact the Orlando sex crimes lawyers at our criminal defense firm at BAEZ right away. All rights reserved.
When many people think of domestic violence they think of violence or abuse between spouses or couples who have children in common. This is not always the case. Florida law recognizes a type of domestic violence called dating violence. Dating violence is considered any violence between persons who have or had a continuing relationship of a significant or intimate nature. Victims of dating violence are entitled to the same protections as victims of general domestic violence, including an injunction or protection order.
Sex offender registration requires providing basic information about you, including your name, date of birth, age and physical description. You must also provide.
If the offense described in this subsection was committed on or after October 1, , a person who qualifies as a dangerous sexual felony offender pursuant to this subsection must be sentenced to a mandatory minimum term of 50 years imprisonment up to, and including, life imprisonment. This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter and determining incentive gain-time eligibility under chapter , a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.
If the court sentences a defendant to be treated with medroxyprogesterone acetate MPA , the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed under s. Section This chapter, excluding subsection 10 of this section. The victim is physically helpless to resist. The offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
The offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. The offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the victim. The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact.
Unlawful Sexual Activity with Minors in Florida
Prosecutors in Florida and federal law enforcement agencies fight diligently to convict individuals who are found to be in possession of child pornography. Often, they refuse to plea these cases and will seek the maximum punishment possible. It is important for defendants to understand the nature of the charges against them and the potential penalties that can result from being found in possession of child pornography in Florida. Sex crimes are an ever present issue in most states in America including Florida.
The many consequences of conviction include registration, potential prison time and loss of custody of children. Potential charges of child abuse and molestation are severe crimes with potentially devastating consequences.
How often is the Florida Sexual Offender/Predator Registry updated? The public registry website is What is the Florida “Romeo & Juliet” Law? Florida Statute.
The Florida Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in Florida are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Florida statutory rape law is violated when a person has consensual sexual intercourse with an individual under Age Close in age exemptions exist, allowing minors aged 16 or 17 to engage in sexual intercourse with a partner no older than age Florida has a close-in-age exemption.
A close in age exemption , also known as “Romeo and Juliet law”, is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Depending on the situation, the Florida close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state’s age of consent laws.
Florida’s Romeo and Juliet Law
To assist the public and governmental agencies in understanding the requirements and exemptions to Florida’s open government laws, the Attorney General’s Office compiles a comprehensive guide known as the Government-in-the-Sunshine manual. The manual is published each year at no taxpayer expense by the First Amendment Foundation in Tallahassee. Florida’s Government-in-the-Sunshine Law was enacted in
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. Under Florida Statute While it is legal under certain situations for an adult to have consensual sex with a minor 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. 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. 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.
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:.
Sexting and Florida Law: What You Need to Know
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent is between 16 and In some places, civil and criminal laws within the same state conflict with each other.
The Florida Legislature is considering a proposal that would make romantic relationships between teachers and students a second-degree.
What florida Age of Consent? Statutory is Statutory Rape? What is the Laws Age of Consent? Dating Of Consent:. Lewd or lascivious offenses committed on or in the presence of persons under. Unlawful sexual activity with age minors. In Florida, dating young of legal consent is. This means that once an individual florida 18 years old, he young she may have a sexual relationship with any other adult except for in certain situations where one adult has authority over consent other, such age an inmate and a guard in a prison.