Ignorance of the Victim’s Age: No Defense in Tampa, Florida

When facing allegations of sex crimes involving minors in Florida, one of the most critical legal realities defendants must understand is that ignorance or mistaken belief regarding the victim’s age is not a valid defense. Florida’s legal framework imposes strict liability in these cases, meaning that even if the accused genuinely believed the victim was of legal age, this belief will not absolve them of criminal liability.

Florida Law on Strict Liability in Sex Crimes Cases

Florida Statute 794.021 explicitly states that a defendant’s lack of knowledge or mistaken belief about a minor’s age is not a defense in cases involving sexual offenses against minors. This means that if an alleged victim is legally a minor, the defendant can still face conviction regardless of the victim’s appearance, statements, or actions that may have led the accused to believe otherwise.

Florida courts have upheld the constitutionality of this statute. In Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006), the court affirmed that defendants could not escape liability by claiming they were unaware of the victim’s minor status. Similarly, in Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004), the court discussed that a minor’s misrepresentation of their age does not provide a legal defense. Even if a minor provides a fake ID, lies about their age on social media, or otherwise deceives the defendant, the law does not permit an exception.

The Impact of Strict Liability on Sex Crime Defenses

Strict liability means that prosecutors do not need to prove intent or knowledge of the victim’s age—only that the act occurred and the victim was a minor. This applies to various offenses, including:

• Statutory Sexual Battery (sexual activity with minors under Florida law)
• Lewd or Lascivious Acts (inappropriate touching or sexual conduct with a minor)
• Unlawful Sexual Activity with a Minor (sexual relations involving a minor aged 16 or 17 and a significantly older adult)

Potential Role of Mitigating Factors in Plea Negotiations

While ignorance of age is not a defense, it can sometimes play a role in plea negotiations and sentencing considerations. Prosecutors may consider factors such as:

• The minor’s deliberate misrepresentation of their age.
• The minor’s appearance and behaviors that could have reasonably misled the accused.
• The existence of text messages, social media profiles, or other evidence supporting the accused’s mistaken belief.
• The closeness in age between the defendant and the minor.

Tampa sex crimes attorney Rocky Brancato has successfully used these factors in negotiations, securing favorable plea agreements and, in some cases, complete charge dismissals. For example, in one case, Rocky Brancato uncovered the victim’s extensive online presence, which demonstrated that she consistently misrepresented her age and had made different accounts of her story. This discovery led to a complete dismissal of charges when presented to the prosecution.

Florida’s Close-in-Age Exception

Florida law acknowledges that young adults may engage in consensual relationships with slightly younger partners. Under Section 794.05, Florida Statutes, individuals aged 16 or 17 can legally consent to sexual activity with partners under the age of 24. This exception helps prevent unfair prosecution of young adults in legitimate relationships. However, parents, law enforcement, or social stigma can still lead to criminal charges, underscoring the importance of having an experienced defense attorney.

Strategic Defense Approach by Rocky Brancato

Given Florida’s strict liability laws, defense attorney Rocky Brancato employs a meticulous approach to defending those accused of sex crimes, which includes:

• Examining the victim’s statements, behavior, and potential misrepresentation of age.
• Gathering evidence that demonstrates the accused had no reasonable suspicion of the victim being underage.
• Scrutinizing law enforcement’s investigative methods to uncover procedural errors or entrapment tactics.

Protecting Your Rights with an Experienced Tampa Sex Crimes Attorney

If you or a loved one is facing sex crime charges in Florida, it is imperative to seek legal representation immediately. With over 25 years of experience defending individuals accused of serious offenses, Rocky Brancato of The Brancato Law Firm, P.A. is committed to providing a robust defense and exploring every possible avenue for mitigating charges or achieving case dismissals.

Before you hire a sex offense attorney, read Rocky’s Book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available for purchase on Amazon or for free download on our site. For a free confidential consultation, contact The Brancato Law Firm, P.A. at (813) 727-7159. Don’t face these charges alone—secure a skilled legal advocate today. Put Rocky in your corner!

Serving: Tampa, Hillsborough County, Pinellas County, Pasco County, and all of Tampa Bay. If you need a dedicated sex crimes defense attorney in these areas, contact Rocky Brancato today to protect your future.

Frequently Asked Questions About Mistaken Age and Strict Liability in Florida Sex Crimes

Can I claim I didn’t know the person was underage as a defense in Florida?

No. Under Florida Statute § 794.021, ignorance or mistaken belief about a victim’s age is not a valid legal defense in sex crimes involving minors. Even if the alleged victim misrepresented their age or appeared to be an adult, the law imposes strict liability once the victim’s actual age is proven.

What if the minor lied about their age or used a fake ID?

Even if a minor presents a fake ID or lies about their age online, Florida courts have ruled that these facts do not excuse criminal responsibility. Cases such as Hodge v. State and Feliciano v. State confirm that a defendant cannot avoid liability based on the victim’s deception.

Does intent matter in sex crimes involving minors?

In most sex offenses involving minors, intent or knowledge is irrelevant. Prosecutors only need to prove that the sexual act occurred and that the victim was a minor at the time. This standard applies to charges like statutory sexual battery, lewd or lascivious conduct, and unlawful sexual activity with a minor.

Are there any exceptions to Florida’s strict liability rule?

Yes. Florida law includes a “close-in-age” exception under § 794.05, which allows individuals aged 16 or 17 to legally engage in consensual sexual activity with partners under age 24. However, even these cases can result in charges if there are parental complaints or social concerns, so legal representation remains crucial.

Can mistaken belief about age help in plea negotiations?

While it is not a defense at trial, mistaken belief about a victim’s age can be relevant during plea negotiations or sentencing. Factors such as the minor’s misrepresentation, online behavior, or proximity in age to the accused may persuade prosecutors to reduce or dismiss charges—particularly when supported by credible evidence uncovered by a skilled defense attorney.

Why do I need a Tampa sex crimes attorney familiar with strict liability cases?

Because strict liability laws leave no room for error or assumption, the defense must focus on mitigation, procedural errors, and evidentiary challenges. Attorney Rocky Brancato of The Brancato Law Firm, P.A. has over 25 years of experience defending clients in high-stakes sex crime cases and knows how to identify flaws in investigations, use mitigating evidence effectively, and protect your rights from the start.