Understanding the age of consent is crucial for anyone in Florida, especially when it comes to relationships and sexual activity. Florida has a relatively high age of consent, and violating it can lead to serious legal consequences. This guide will help you understand the nuances of Florida’s age of consent laws and the potential penalties for violating them.
What is the Age of Consent in Florida?
The age of consent in Florida is 18 years old. This means that any sexual activity with someone under the age of 18 is considered illegal, regardless of whether it is consensual. Florida takes a strict approach to protecting minors, and any sexual contact with a minor, even if it is consensual, can be prosecuted as a crime.
The “Romeo and Juliet” Law: A Limited Exception
Florida does have a “close in age” exemption, sometimes referred to as the “Romeo and Juliet” law. This law allows minors aged 16 or 17 to engage in sexual intercourse with partners who are no older than 23. However, it’s important to note that this exemption only applies to sexual intercourse and not other forms of sexual activity.
Important Considerations:
- The “Romeo and Juliet” law does not apply to anyone over the age of 23. If you are 23 or older, even if the other person is 16 or 17, you can still be charged with a crime.
- The law does not excuse ignorance. Even if you genuinely believed the other person was 18 or older, you can still be held liable for violating the age of consent. It is crucial to verify the age of anyone you are engaging in sexual activity with.
- The “Romeo and Juliet” law is a limited exception. It does not apply to other forms of sexual activity, such as oral sex or anal sex, and it does not apply to anyone under the age of 16.
Penalties for Violating the Age of Consent:
Violating Florida’s age of consent laws can lead to serious consequences, including:
- Statutory Rape: Engaging in sexual intercourse with a minor under the age of 18 is a felony of the second degree in Florida, punishable by up to 15 years in prison.
- Lewd or Lascivious Offenses: Engaging in other forms of sexual activity with a minor, such as oral sex or anal sex, can also be charged as a felony and carry similar penalties.
- Sharing Pornography with Minors: Sharing or distributing pornography with someone under the age of consent can also result in serious criminal charges.
- Sexual Battery: If the sexual contact with a minor is not consensual, the state may charge you with sexual battery. This is a capital felony and can carry the death penalty.
The Importance of Legal Counsel
The age of consent laws in Florida are complex and can be easily misunderstood. If you are facing charges related to sexual activity with a minor, it is crucial to seek legal advice from an experienced criminal defense attorney. An attorney can:
- Explain your rights and obligations: They can provide clear and accurate information about Florida’s age of consent laws and the potential penalties for violating them.
- Develop a defense strategy: They can help you understand the charges against you and develop a defense strategy to protect your rights.
- Negotiate with prosecutors: They can advocate on your behalf to potentially reduce charges or negotiate a plea agreement that minimizes the impact of the offense.
- Represent you in court: They can represent you in court proceedings and ensure your rights are protected.
Remember: If you are facing charges related to sexual activity with a minor, it is essential to seek legal advice immediately. An attorney can help you understand your rights, navigate the legal system, and protect your future.
If you are facing charges related to the age of consent in Florida, contact Mandell Law PA today. We are here to help. Contact our office, (407) 956-1180.
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