Unlawful Sex with a Minor
Sexual activity with minors often carries criminal penalties in Florida. For example, an adult who engages in sexual activity with a person 12 years of age or older but less than 16 years of age may be arrested for lewd or lascivious battery, and sexual penetration between an individual 18 years of age or older and a person less than 12 years of age constitutes sexual battery (more commonly referred to as rape).
When a person 24 years of age or older engages in sexual activity with a person 16 or 17 years of age, that individual can be charged with the felony offense of unlawful sexual activity with certain minors. An alleged offender cannot use any ignorance of the alleged victim's age, an alleged victim's misrepresentation of his or her age, or a bona fide belief of the alleged victim's age as a defense against these types of charges.
Attorney for Unlawful Sex with a Minor Arrests in Brooksville, FL
If you were arrested or believe that you might be under investigation for alleged unlawful sexual activity with a minor in Central Florida, it is in your best interest to exercise your right to remain silent until you have legal representation. Ashley M. Aulls, P.A. aggressively defends clients accused of sex crimes in New Port Richey, Inverness, Spring Hill, Wildwood, Brooksville, Weeki Wachee, and many surrounding areas of Hernando County.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who can fight to possibly get your criminal charges reduced or dismissed. Call (352) 593-4115 to have our attorney review your case and help you understand all of your legal options during a free initial consultation.
Florida Unlawful Sex with a Minor Information Center
- When can a person be charged with unlawful sexual activity with a minor?
- How will people be punished if they are convicted of this crime?
- Where can I find more information about unlawful sexual activity with a minor in Brooksville?
Florida Statute § 794.05 establishes that a person 24 years of age or older commits unlawful sexual activity with a minor if he or she engages in sexual activity with a person 16 or 17 years of age. For the purposes of this statute, sexual activity is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.”
Under Florida Statute § 794.021, ignorance of an alleged victim's age, misrepresentation of age by such person, and bona fide belief that such person was over 17 years of age is not a defense against unlawful sexual activity with a minor charges. Additionally, Florida Statute § 794.05(3) states that an alleged victim’s prior sexual conduct is not a relevant issue in a prosecution under this section—although such person's prior acts may become relevant in cases involving false allegations.
As a second-degree felony, an unlawful sexual activity with a minor conviction is punishable as follows:
- Up to 15 years in prison; and
- Fine of up to $10,000.
In addition to fines and imprisonment, a person convicted of sexual activity with a minor can also be required to register as a sex offender. Some people convicted of sexual activity with a minor, however, may be able to file a motion or petition to remove the sex offender registration requirement under Florida Statute § 943.04354, better known as the state’s “Romeo and Juliet” law (see Resources section below), if they were not more than four years older than alleged victims who were 13 years of age or older but younger than 18 years of age at the times the violations were committed.
Dawn Center of Hernando County — Dawn Center provides various advocacy and support services to survivors of sexual assault and their families. Visit this website to learn more about the services provided as well as information about domestic violence and sexual violence. You can also find information about community awareness, newsletters, and answers to frequently asked questions.
Florida Statute § 943.04354 | Removal of the requirement to register as a sexual offender or sexual predator in special circumstances — View the full text of Florida's “Romeo and Juliet” law. Read about all of the scenarios under which a person may be considered for removal of the requirement to register as a sexual offender or sexual predator. The statute establishes other requirements that may need to be complied with in order for a person to avoid being required to register as a sex offender.
Ashley M. Aulls, P.A. | Brooksville Unlawful Sex with a Minor Defense Lawyer
Do you think that you could be under investigation or were you already arrested in Central Florida for alleged unlawful sexual activity with a minor? Do not make any statement to authorities until you have first contacted Ashley M. Aulls, P.A..
Brooksville criminal defense attorney Ashley Aulls can fight to possibly get your criminal charges reduced or dismissed. You can have our lawyer provide a complete evaluation of your case when you call (352) 593-4115 or fill out an online contact form to take advantage of a free, confidential consultation.