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Age of Consent in Florida: What You Need to Know
Understanding the legal age, close-in-age exceptions, and the serious criminal consequences of getting it wrong
| ✓ THE SHORT ANSWER The age of consent in Florida is 18 years old—one of the highest in the United States. However, Florida law includes a close-in-age exception that permits consensual sexual activity between a 16 or 17-year-old and a partner under age 24. But “legal” doesn’t mean “safe.” Even relationships that fall within this exception can lead to criminal charges under certain circumstances. |
Florida’s Age of Consent: The Basic Rule
Under Florida Statute § 794.05, the general age of consent is 18. This means that sexual activity with anyone under 18 is presumptively illegal—regardless of whether the minor “consented” or initiated the contact.
Florida law does not recognize a minor’s ability to consent to sexual activity in the same way an adult can. Consequently, even if a 17-year-old willingly participates, the adult partner can face serious felony charges.
The Close-in-Age Exception: When 16 or 17 is Legal
Florida Statute § 794.05(1) provides a limited exception. Consensual sexual activity with a 16 or 17-year-old is not a crime if the older partner is under 24 years old.
| FLORIDA STATUTE § 794.05(1) – CLOSE-IN-AGE EXCEPTION Sexual activity between a 16 or 17-year-old and a person under 24 is not a criminal offense if: • The younger person is 16 or 17 years old • The older person is under 24 years old • The activity is consensual • There is no position of authority involved Example: A 22-year-old and a 17-year-old in a consensual relationship = legal under this exception. |
Age of Consent Quick Reference
| Minor’s Age | Partner’s Age | Legal Status |
| 16 or 17 | Under 24 | LEGAL (if consensual, no authority) |
| 16 or 17 | 24 or older | ILLEGAL – 2nd Degree Felony (up to 15 years) |
| 15 or under | 18 or older | ILLEGAL – Lewd & Lascivious (severe felony) |
| Any minor | Authority figure | ILLEGAL – No exception applies |
The Danger Zone: Why “Legal” Doesn’t Mean “Safe”
Even if your relationship falls within the close-in-age exception, you are not fully protected from criminal liability. Three critical traps can turn a legal relationship into a felony charge.
| ⚠ THE PHOTO AND VIDEO TRAP The close-in-age exception applies only to sexual activity—not to images. Even if consensual sex with a 16 or 17-year-old is legal under § 794.05(1), possessing lewd photos or videos of that same person is child pornography under Florida law. Example: A 22-year-old can legally have sex with their 17-year-old partner. But if that partner sends nude photos, possessing those images is a felony—punishable by up to 5 years per image plus mandatory sex offender registration. The age threshold for sexual images is 18. There is no close-in-age exception for photos or videos. |
| ⚠ THE PARENTAL PRESSURE TRAP The close-in-age exception requires that the sexual activity be consensual. If consent is disputed, the exception does not apply. Here’s the danger: When parents discover a relationship they disapprove of, they may pressure their 16 or 17-year-old. Under parental pressure, teenagers sometimes lie—and suddenly, what was technically legal becomes a he-said/she-said felony investigation. This is a practical grey area that makes relationships with 16 and 17-year-olds legally risky even when the close-in-age exception technically applies. |
| ⚠ THE BIRTHDAY TRAP The close-in-age exception requires the older partner to be under 24. The moment you turn 24, the exception no longer applies—even if you’ve been in the same relationship for years. Example: A 23-year-old begins a consensual sexual relationship with a 16-year-old. Legal under the close-in-age exception. On his 24th birthday, that same relationship—with the same partner, the same conduct—becomes a second-degree felony punishable by up to 15 years in prison. Nothing changed except a birthday. The relationship was legal yesterday; today it’s a felony. |
Position of Authority: No Exception Applies
The close-in-age exception does not apply when the older person holds a position of authority or trust over the minor. In these cases, sexual activity with anyone under 18 is illegal regardless of the age difference.
Positions That Eliminate the Exception
- Teachers, professors, and school employees
- Coaches and athletic trainers
- Religious leaders and clergy
- Employers and supervisors
- Healthcare providers
- Legal guardians, foster parents, and stepparents
- Law enforcement officers
- Counselors and therapists
A 23-year-old teacher who has a consensual relationship with a 17-year-old student commits a felony—the close-in-age exception provides no protection.
“They Told Me They Were 18”: Not a Defense
| STRICT LIABILITY: MISTAKE OF AGE IS NOT A DEFENSE Florida applies strict liability to unlawful sexual activity with minors. This means that your belief about the minor’s age—no matter how reasonable—is not a defense. Even if the minor: • Showed you a fake ID • Lied about their age • Met you at a 21+ venue • Appeared physically mature You can still be convicted. The burden is on you to verify age before engaging in sexual activity. |
The Romeo and Juliet Law: Registry Relief, Not a Defense
Florida’s “Romeo and Juliet” law (Florida Statute § 943.04354) is often misunderstood. It is not a defense to prosecution and does not prevent conviction. It provides a pathway to petition for removal from the sex offender registry after conviction.
Romeo and Juliet Eligibility Requirements
To qualify for registry removal under this law, the following must be true:
- The victim was 13 to 17 years old at the time of the offense
- The defendant was no more than four years older than the victim
- The offense involved no force, coercion, or exploitation
- No other disqualifying convictions exist
- The registration requirement arises solely from this offense
- Removal is not contrary to federal law (SORNA)
| CRITICAL: YOU GET ONE CHANCE Florida law allows only one petition for Romeo and Juliet registry removal. If your petition is denied, you cannot refile. This makes thorough preparation essential—the petition must be done right the first time. Additionally, even if removal is granted, the underlying criminal conviction remains on your record. |
For more information, see our detailed guide: Tampa Attorney for Romeo and Juliet Removal from the Sex Offender Registry
Criminal Penalties for Unlawful Sexual Activity with Minors
| Offense | Classification | Maximum Penalty |
| Sex with 16-17 y/o (offender 24+) | 2nd Degree Felony | Up to 15 years |
| Lewd Battery (victim 12-15, offender 18+) | 2nd Degree Felony | Up to 15 years |
| Lewd Battery (victim under 12) | Life Felony | Up to life in prison |
| Authority figure + any minor | 2nd Degree Felony | Up to 15 years |
| Child pornography (possession) | 3rd Degree Felony | Up to 5 years per image |
All convictions for sexual offenses involving minors require sex offender registration—which affects housing, employment, travel, and reputation for life.
Frequently Asked Questions: Age of Consent in Florida
What is the age of consent in Florida?
The age of consent in Florida is 18. However, a close-in-age exception allows consensual sexual activity between a 16 or 17-year-old and a partner under 24, provided no position of authority is involved.
Can a 22-year-old date a 17-year-old in Florida?
Consensual sexual activity between a 22-year-old and a 17-year-old is legal under Florida’s close-in-age exception (since the older partner is under 24). However, possessing sexual photos or videos of the 17-year-old is still child pornography—a felony.
Is “they told me they were 18” a valid defense?
No. Florida applies strict liability to unlawful sexual activity with minors. Your belief about the minor’s age—even if reasonable—is not a defense. You can be convicted even if the minor showed fake ID or lied about their age.
What is Florida’s Romeo and Juliet law?
Florida’s Romeo and Juliet law (§ 943.04354) allows qualifying individuals to petition for removal from the sex offender registry after conviction. It is NOT a defense to prosecution. Eligibility requires the victim to be 13-17, the offender to be no more than 4 years older, and the activity to be consensual.
Can I have nude photos of my 17-year-old partner if sex is legal?
No. The close-in-age exception applies only to sexual activity, not images. Possessing lewd photos or videos of anyone under 18 is child pornography regardless of whether the sexual relationship is legal. This is a felony punishable by up to 5 years per image.
Does the close-in-age exception apply to teachers?
No. The close-in-age exception does not apply when the older person holds a position of authority over the minor. Teachers, coaches, employers, clergy, and other authority figures cannot claim this exception regardless of the age difference.
What happens if my partner’s parents claim it wasn’t consensual?
The close-in-age exception requires consent. If the minor or their parents claim the activity was not consensual, you could face serious felony charges even if the relationship was technically legal. Parental pressure can lead teenagers to make statements that trigger criminal investigations.
What are the penalties for statutory rape in Florida?
Penalties depend on the victim’s age and the offender’s age. Sex with a 16 or 17-year-old by someone 24 or older is a second-degree felony (up to 15 years). Lewd and lascivious battery on a child 12-15 is also a second-degree felony. All convictions require sex offender registration.
| Facing Allegations or Charges? Sex crimes allegations carry life-altering consequences including prison, sex offender registration, and permanent damage to your reputation and career. You need an experienced attorney who understands the nuances of Florida’s age of consent laws. Call (813) 727-7159 for a Confidential Consultation The Brancato Law Firm, P.A. 620 E. Twiggs Street, Suite 205, Tampa, FL 33602 |
| ABOUT ATTORNEY ROCKY BRANCATO With over 25 years of criminal defense experience, Tampa Attorney Rocky Brancato has defended clients facing serious sex crimes allegations including statutory rape, lewd and lascivious charges, and child pornography cases. As former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he brings insider knowledge of how these cases are investigated and prosecuted. |
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