Florida statutory rape law makes sexual relationships between persons of certain ages illegal, even if both parties are consenting. Learn what the law says about age of consent, close-in-age laws, and prohibited defenses. Whatever the circumstances, make sure you have legal representation. Goldman Wetzel can help — call us at Generally, the age of consent in the state is However, sexual activity between a person who is 16 or 17 and up to 23 years old is not illegal under Florida law. Sound confusing?
What Romeo and Juliet Laws Mean for Teens
When Shakespeare brought Romeo and Juliet to life, he was intentional in choosing two young characters as his protagonists. Then as now, two teenagers having consensual sex is perfectly understandable. On the other hand, an adult molesting a child is reprehensible. The difference between the two situations would seem obvious. An older teen who has sex with his younger girlfriend can be arrested, prosecuted, and jailed for the act.
What The Law Says · Unlawful sexual activity with certain minors is defined as sexual penetration between a minor who is and an adult at least 24 years old.
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.
Florida Statutory Rape Law: What is age of consent?
Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship. In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor.
The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender. The offense must be the only sex crime on the offender’s record. This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society. Section
Summary of State Civil Statutes of Limitations in Child Sexual Abuse Claims must be brought within two years of the date of the injury Existing law generally requires that the prosecution of a felony sex Florida, Fla. Stat.
This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old 6 and 11 states, respectively. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex.
Only 12 states have a single age of consent , below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent. For example, in Massachusetts, the age of consent is In the remaining 39 states, other factors come into play: age differentials, minimum age of the victim, and minimum age of the defendant. Each is described below. Minimum age requirement.
Consumer Pamphlet: Adoption In Florida
Statutes of Limitations SOL is the time in which a lawsuit is initiated by an injured person or victim. In most cases, unless there is a special circumstance, the SOL begins to run from the date of the occurrence that caused the injury. Statutes of limitations are enacted by the legislature, which might extend or reduce time limits, based on certain restrictions. According to the National Center for Victims of Crime, nearly every state has a basic suspension of the statute of limitation “tolling” for civil actions while a person is a minor.
As of the date of this posting, thirty-one states allow minors to also consent to HIV testing and treatment without parental approval. Minor May Consent to STI.
Federal government websites often end in. The site is secure. Extensive requirements for theatrical employment. Regulations also establish hours of work, working conditions, and prohibited practices. A waiver is available from the Studio Teacher requirement if it can be shown that the working conditions are safe for the minor child. Colorado law provides for some exemptions from youth employment relating to, e. Must have a certificate of age. The Commissioner of Labor must give written consent.
Sec establishes limits on daily and nightwork hours. Special order-issued by Labor Commissioner, to exempt from restrictions any child employed as a performer. Title 26 Sec. The permit must be signed and notarized by parent or guardian and employer. The Attorney General’s Office has the authority to issue temporary waivers of time restrictions for children working in entertainment, theater or film M.
Florida Divorce Laws – FAQs
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.
Do you have questions about divorce laws in Florida? the corresponding laws regarding each issue to fully understand your financial exposure to alimony and child support, There are no Florida laws regarding when you can start dating.
Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense. For example, a state might set the age of consent at In these states, such as Texas, the age of consent is determined by age differentials between the two persons and limited by a minimum age. If you need a quick guide for each state, a chart is provided below.
Be aware that the law may be more complex than the chart shows and that the information given is subject to change. You can refer to our reviews page if you want to know what our clients have to say about us. While at LegalMatch, Peter used his expertise to cover a wide range of topics in criminal law, personal injury, constitutional law, and estate planning.
Ages of consent in the United States
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. In Florida, Statute Sexual activity, in this context, includes oral, anal or vaginal intercourse or penetration.
This section focuses on laws addressing sexual intercourseTable 1 summarizes, where This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors. Florida, 18,
Florida child labor laws regulate the employment of youth in the state of Florida. These laws dictate the ages and the times as well as the types of work they may perform. Generally, speaking children 13 years old or younger may not work in Florida, except in some limited situations. Youth who are 14 and 15 years old may work in a broader range of jobs, but are significantly limited in the number of hours per day and per week they may work, especially when school is in session.
Youth who are 16 and 17 years old may work in a broad range jobs, but cannot work in those jobs that have been explicitly deemed to be too hazardous. Back To Top. Florida child labor laws define a child or minor as any person who is 17 years old or younger unless one of the following applies:. FL Statute Employers may meet this required by obtaining and retaining:.
Child Entertainment Laws As of January 1, 2020
Methodology is explained in the Introduction page 5. Voluntary testing. Board of medicine encourages all licensees to be tested and, in the event a licensee tests positive, the licensee must enter and comply with the requirements of the Professionals Resource Network.
Legal Age of Consent for Marriage and Sex for the 50 United States* minors. Cal. Fam. Code § – § Annulment is available if consent was obtained Florida. Yes. (In case of pregnancy or children). Yes. N/A. Fla. Stat. Ann. §.
In Florida, the age of legal consent is This means that once an individual turns 18 years old, he or she may have a sexual relationship with any other adult except for in certain situations where one adult has authority over the other, such as an inmate and a guard in a prison. But this does not tell the whole story of who may have sex with whom under Florida law. Certain protections exist to prevent individuals who engage in consensual sexual relationships with peers close to their age from being convicted of sex crimes.
A sex crime conviction carries steep penalties, such as fines, jail time, and the requirement that the defendant register with the Florida Sex Offender Registry. In Florida, it is legal for an individual between the ages of 16 and 23 to have a sexual relationship with an individual aged 16 or Lewd and lascivious battery is often known as statutory rape. This can be through persuasion, coercion, or manipulation, and the sexual act does not actually have to occur for the adult to be charged with lewd and lascivious battery.
It is a second degree felony in Florida, punishable by 7. Generally, if the defendant is under the age of 21 when he or she is sentenced, his or her age may be considered. Age of consent in a sexual relationship can be a tricky topic. If you have been accused of any type of sexual misconduct involving an individual below the age of 18, work with an experienced criminal defense lawyer to defend your case.
Do not wait to get started — contact our team to schedule your initial legal consultation with us today. They were always
Frequently Asked Legal Questions
WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. Important: Even if courts are closed, you can still file for a protection order and other emergency relief.
Federal law makes it criminal to engage in a sexual act with another person who is If the person engaging in sex with a minor is less than 3 years older or younger than the Florida – The age of consent in Florida is Lawyers · Sexual Abuse Lawyers · Sexual Assault Lawyers · What Is Date Rape?
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. In , the Florida state legislature passed a law to address widespread concerns that normal and consensual high school relationships were being criminalized.
In Florida, a person who is over the age of 18 and who engages in any form of sexual conduct with a person between the ages of 12 and 15 can be charged with a lewd and lascivious offense. This is a very serious felony charge. The penalties could include a lengthy prison sentence and lifetime registration as a sex offender. A person who commits a sexual offense against a child who is less than 12 years old can be charged with sexual battery.
State-by-State Differences in Sexting Laws
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.
Different jurisdictions express these definitions differently, like Argentina, may say the age of consent is 18, but an exception is made down to 13 years of age, if the older partner is not in a position of authority over the younger one. The data below reflects what each jurisdiction’s legislation actually means, rather than what it states on the surface.
The former deals with the legality of sexual activities involving minors Florida. The criminal code includes a law stating that anyone 21 by: the victim’s parent or caretaker; a person who maintains an interpersonal dating or.
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:.