In Florida, the age of consent is 18 (Fla. Stat. § 794.05), and those who are under age are considered minors and cannot legally consent to sexual activity. However, Florida’s Romeo & Juliet law recognizes that individuals who are 16 or 17 years old may consent to sexual activity with someone close in age, the law makes it a felony for a person who is 24 or older to engage in sexual activity with a 16 or 17 year old. As a result, sexual activity involving an adult and a minor may still qualify as unlawful sexual activity.
Violating Florida’s age of consent laws can result in serious criminal penalties, including felony charges that may carry prison time, fines, and mandatory sex offender registration. In addition to criminal consequences, offenders may face civil lawsuits from the survivor and can be held financially responsible for damages and related losses.
Consequences for Offenders
Florida imposes severe criminal penalties for sexual activity involving minors, with consequences depending on the age of the minor and the conduct involved:
- Sexual Battery of a Child: Sexual activity with a child under 12 is treated as one of the most serious offenses under Florida law and may result in life imprisonment or, in the most extreme cases, a capital sentence.
- Lewd or Lascivious Battery: Sexual activity with a minor who is 12 to 15 years old is typically charged as a felony and can carry lengthy prison sentences along with mandatory sex offender registration.
- Unlawful Sexual Activity with Certain Minors: A person who is 24 years of age or older and engages in sexual activity with a 16 or 17 year old commits a second degree felony, punishable by up to 15 years in prison, fines, and sex offender consequences.
In addition to criminal charges, survivors may pursue civil sexual abuse lawsuits against offenders to seek financial compensation for the harm suffered. Placement on Florida’s sex offender registry can also severely restrict housing options, employment opportunities, and personal freedoms long after any prison sentence is completed.
Understanding Florida’s Romeo & Juliet Law
Florida’s “Romeo and Juliet” law is designed to provide limited relief from sex offender registration for young people who engaged in consensual sexual activity with someone close in age. Importantly, it does not make the conduct legal.
What the Law Does (and Does Not Do)
- It does not legalize sexual activity between minors or between a minor and a young adult.
- It only provides a way to petition the court to remove the requirement to register as a sexual offender.
- The underlying offense remains a crime, even if registration relief is granted.
Who May Qualify for Registration Relief
Under section 943.04354, Florida Statutes, a person may petition the court to be removed from the sex offender registry if all of the following apply:
- The victim was at least 14 years old
- The offender was no more than 4 years older than the victim
- The sexual activity was consensual
- The offense falls under one of these statutes:
- Sexual battery
- Lewd or lascivious offenses involving a person under 16
- Sexual performance by a child
- Certain prohibited computer transmissions involving minors
Important Limitations
- The law only affects registration, not criminal guilt.
- Sexual conduct involving a victim 15 or younger is still a crime, even if both parties are minors.
- Lack of knowledge about the victim’s age or being misled about age is not a defense, though it may be considered during sentencing.
- An offender is allowed only one petition under this statute.
- If the petition is denied, the offender must wait 25 years after completing their sentence to seek relief under a different registry statute.
Related Age-of-Consent Rule in Florida
- Florida allows 16 and 17-year-olds to legally consent to sexual activity with someone up to 23 years old under a separate age-gap provision.
- This provision applies only to that age range and does not override crimes involving younger minors.
Get Help From Our Florida Legal Team
Kayla’s Survivors is a national sexual abuse law firm providing legal support to survivors throughout Florida, including those in Miami, Tampa, Orlando, and Jacksonville, as well as across the United States. Call (800) 509-9747 or request a free case evaluation online to speak with our legal team. All consultations are 100% confidential and completely free.
Our Florida sexual abuse attorneys have helped recover over $1 billion through settlements and verdicts nationwide, including civil claims involving abuse that occurred in Florida.
