Florida's Sexual Offenses

Florida classifies sexual crimes into three primary offense categories:

  1. Sexual Battery or Rape,
  2. Unlawful Sexual Activity with a Minor or Statutory Rape, and
  3. Lewd Acts and Sexual Activity with Children under Sixteen

Unlawful Sexual Activity with a Minor; Statutory Rape
(Florida Statute 794.05)

Unlawful Sexual Activity with a Minor (Statutory rape) makes it illegal for a person 24 or older to have sexual intercourse with a 16 or 17 year old, even if both parties consent to the sexual conduct. Importantly, ignorance of the victim's age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.

However, it is legal for a person who is between the age of twenty-three and sixteen (23 - 16) to have sex with a person who is sixteen (16) or seventeen (17) years old.

A person convicted of Unlawful Sexual Activity (Statutory Rape) would be facing a maximum sentence of fifteen (15) years in prison and a minimum sentence sentence of approximately seven (5) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

Lewd or Lascivious Acts; Unlawful Sexual Activity with a Person under Sixteen (Florida Statute 800.04(4) - (7))

Lewd or Lascivious Acts are any offenses committed in a lewd or lascivious manner (sexual manner) on a person younger than sixteen. There are two important points that apply to any lewd and lascivious offense.

  1. Ignorance of the victim's age can not be raised as a defense to the charge,
  2. The Age of the accused is not a defense; meaning that if a 12 year-old were to have sex with a 14 year-old, either child or both could be prosecuted for the offense.

Contact Orlando Criminal Defense Attorney Richard Hornsby

Please contact Sex Crimes Defense Attorney Richard Hornsby 24 hours a day if you or a loved one have been charged with a sex crime. I am available any time to advise you of the proper course of action to take. The initial consultation is free and I will respond promptly to provide you with the criminal defense you deserve.