The age of consent for sexual activity in the State of Florida
In the State of Florida, the age of consent for sexual activity is 18 years of age. If you are 24 years old or older and have sexual relations with a person who is 16 to 17 years old, you can be charged with a second degree felony under Florida Statute 794.05. In Florida, a second degree felony carries a maximum prison sentence of 15 years. Sexual activity is defined by the statute 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.”
As a former prosecutor, I can attest that the State of Florida takes allegations under this statute very seriously. Oftentimes these charges are reported many years after they are alleged to have occurred. It is important to remember that the victim’s prior sexual activity is not relevant in the prosecution under this statute. If you are questioned by law enforcement about a violation of Florida Statute 794.05, I would strongly recommend that you contact a criminal defense attorney about your rights immediately. If you have questions about your case, please feel free to contact me at my office in Orlando, Florida by phone at 407-415-9626 or via email at Jeremiah@JeremiahDAllen.com.