A prosecutor in an underage sex case does not have to prove the accused knew the other person’s age. The State proves the act and the birth date, and the case is largely made. That is why the defense has to start somewhere else. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I defended these cases in the Major Crimes Unit, which handled sex crimes and child abuse, and I have spent more than 25 years in Hillsborough County courtrooms. Our attorneys focus on what still moves a case when mistake of age is off the table: the charge, the evidence of the act, the ages, and the facts a prosecutor weighs before filing.

Is “I didn’t know their age” a defense to a sex crime in Florida?

No. Section 794.021, Florida Statutes, provides that when a crime in chapter 794 depends on the alleged victim being under a certain age, “ignorance of the age is no defense,” and neither is the minor’s misrepresentation of age or the accused’s good-faith belief that the person was older. Section 800.04(3), Florida Statutes, applies the same rule to lewd or lascivious offenses involving a person under 16. Florida law treats these as strict liability offenses as to age.

A fake ID, an adult dating profile, a bar wristband, or a direct statement such as “I’m 19” does not change the legal result at trial. The jury will be instructed that the defendant’s belief about age is not a defense.

What have Florida courts said about mistake of age?

Florida courts have enforced the rule as written. In Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004), a man convicted of sexual activity with a 17-year-old under section 794.05 asked the judge to instruct the jury that the State had to prove he knew she was underage. The Fourth District held the offense is strict liability, that he “could not defend on his lack of criminal intent or mistake of age,” and affirmed.

Two years later, in Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006), a 26-year-old convicted under the same statute argued that punishing him without proof he knew the girl’s age violated due process. The First District rejected the challenge, holding that Florida has long treated statutory rape as a strict liability crime and that the Legislature “left no doubt” about it. The takeaway is plain: a constitutional attack on section 794.021 is not a realistic defense in a Florida trial court.

Not everyone agrees the rule is wise. Professor Catherine L. Carpenter argued in “On Statutory Rape, Strict Liability, and the Public Welfare Offense Model,” 53 American University Law Review 313 (2003), that courts should allow a reasonable mistake-of-age defense. That debate has not changed Florida law, but it explains why prosecutors and judges sometimes treat a well-documented, reasonable mistake as a reason for leniency.

How common are these cases, and who are the accused?

Most statutory rape cases involve people who know each other. An Office of Juvenile Justice and Delinquency Prevention study of 2000 FBI NIBRS data (Troup-Leasure and Snyder, published 2005) found that 29% of statutory rape offenders were boyfriends or girlfriends and 62% were acquaintances. Those are exactly the relationships where a person may honestly misjudge an age, and exactly the cases where section 794.021 removes that argument.

The stakes are high in our circuit. The Florida Legislature’s Office of Economic and Demographic Research Circuit 13 profile reports 155 new prison commitments for sexual or lewd behavior from the 13th Judicial Circuit in 2025, a 23.9% increase over 2024. Our Tampa sex crimes lawyer team uses every tool before trial because a conviction in these cases so often means prison and registration.

If mistake of age is not a defense, how do our attorneys fight these charges?

We challenge the elements the State still has to prove and we work the charging decision. Mistake of age removes one argument; it does not relieve the State of proving every other element beyond a reasonable doubt.

1. Proof the act happened. Many cases rest on one person’s account. We test it against phone records, location data, messages, and prior statements.
2. Proof of age. The State must prove the actual age with competent evidence, and the exact age decides which statute applies and which degree of felony.
3. The right statute. A 23-year-old with a 17-year-old does not violate section 794.05 at all, because that statute starts at age 24. Our post on the unlawful sexual activity with a minor statute explains the age bands.
4. Suppression issues. Statements taken without proper warnings and phone searches without a valid warrant or consent can be challenged with a motion to suppress.
5. Pre-file advocacy. Before charges are filed, we can present the prosecutor with evidence of the circumstances, including the minor’s own representations.

Evidence of a minor’s misrepresentation does not win at trial, but it can change outcomes before trial. In one case, Rocky Brancato uncovered the complainant’s extensive online presence showing that she consistently misrepresented her age and had given different accounts of her story; when that evidence was presented to the prosecution, the charges were dismissed. Past results do not guarantee future outcomes.

How is this different from Florida’s age of consent?

The age of consent sets who can legally agree to sex; section 794.021 says what happens when someone gets that age wrong. Florida’s general age of consent is 18, with exceptions for 16- and 17-year-olds whose partner is under 24. Our guide to the age of consent in Florida walks through those age bands, and our post on the consent defense in Florida sex crimes cases explains why a minor’s agreement is never a defense under section 800.04(2).

Does the rule work differently in online sting cases?

Yes. Online solicitation and traveling to meet a minor under section 847.0135, Florida Statutes, cover contact with “a child or another person believed by the person to be a child.” In a sting, the “minor” is usually an adult detective, so the case turns on what the accused believed. Evidence that the accused thought he was talking to an adult can be a real defense in those cases, along with the way the sting was run. That is the opposite of the rule for in-person offenses.

What should you do if you are under investigation?

Do not contact the alleged victim, the family, or the detective, and do not explain what you believed about the person’s age. Those explanations admit the act, which is often the harder element for the State to prove. Call a lawyer who offers representation before charges are filed, preserve your phone and accounts without deleting anything, and let counsel decide what, if anything, goes to the State Attorney’s Office.

Frequently asked questions

What if the minor showed me a fake ID in Florida?

A fake ID is not a defense at trial under section 794.021, which expressly rejects a minor’s misrepresentation of age as a defense. The Brancato Law Firm can still use that evidence with prosecutors when it is documented and credible, which can affect the charge or the plea offer.

Can a reasonable belief that someone was 18 reduce my sentence in Florida?

It can be part of the mitigation picture, but it does not create a legal defense. Our attorneys at The Brancato Law Firm present the circumstances, the age gap, and the client’s background through our sex crimes defense practice when arguing for a lower sentence or a downward departure.

Is mistake of age a defense to lewd or lascivious battery in Florida?

No. Section 800.04(3) bars the defendant’s ignorance of the alleged victim’s age, the alleged victim’s misrepresentation, and a bona fide belief about age as defenses. The Brancato Law Firm focuses these defenses on whether the act occurred and whether the State can prove the specific elements charged.

Can statutory rape charges be dropped in Florida?

Yes. Charges can be dropped when the evidence of the act is weak, the ages do not fit the statute charged, or the complainant’s account changes. Before a case is filed, The Brancato Law Firm presents evidence to the State Attorney’s Office through pre-file advocacy in an effort to stop the charge.

Does Florida have a close-in-age exception?

Florida has no general close-in-age defense, but age gaps matter in two ways: section 794.05 applies only to accused persons 24 or older with a 16- or 17-year-old, and section 943.04354 allows some young people to seek removal from registration. Our attorneys at The Brancato Law Firm explain both in our guide to registry removal.

Talk to a Tampa sex crimes defense attorney

What you say in the first days of an investigation can decide whether a mistaken belief about age ever gets heard by a prosecutor. Our attorneys will review the evidence, the ages, and the statute before anyone speaks to the detective. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you just realized the person you were chatting with is underage, or you received a message from someone claiming to be a parent or a detective, the hours that follow can shape whether you are ever charged. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I handled sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office before going on to serve as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys represent people at this stage, before an arrest, and we read the full conversation before giving advice about what happens next.

What Should You Do Right Now If You Messaged a Minor Online?

Stop, preserve, stay silent, and call a lawyer. These five steps protect you whether the other person is a real teenager, an adult who lied about age, a detective, or a vigilante group:

Can You Be Charged for Messaging a Minor Online in Florida?

Yes. Under section 847.0135(3), Florida Statutes, it is a crime to knowingly use “any other device capable of electronic data storage or transmission” to “seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child” to engage in unlawful sexual conduct. No meeting is required. In Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004), a man arranged online to meet a “14-year-old boy” in Jacksonville who was actually a vice detective. The First District upheld his conviction and held that “the Internet communications alone constituted a prima facie case of guilt” under the statute.

Cashatt also matters for anyone who believed the other person was an adult. The court rejected the argument that the statute had no mental state as to age, holding that the statute is presumed to require knowledge “including the age of the child sought to be ‘lured.'” In practice, that means what you knew or believed about the person’s age is central to whether the solicitation statute applies.

Which Florida Charges Can Come From Online Messages to a Minor?

The charge depends on what was said, what was sent, and whether anyone traveled to meet. Our Tampa internet crimes attorney page covers each of these in more depth.

Registration follows from the list of qualifying offenses in section 943.0435, Florida Statutes, which includes section 847.0133 and section 847.0135 (other than subsection 6). Section 847.0133 defines a minor as “any person under the age of 18 years.” Our guide to sex offender registration in Florida explains what registration requires.

What If You Did Not Know the Person Was a Minor?

It depends on the charge. For computer solicitation, your belief about age is part of what the State must prove, so an adult profile, an adult photo, or a stated adult age can be strong evidence. For in-person sexual contact, the rule is the opposite: under section 800.04(3), Florida Statutes, “the perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense” to lewd or lascivious offenses involving someone under 16.

That difference is why the conversation should end the moment you learn the person may be underage. Our age of consent in Florida guide explains the age lines in Florida law.

Was It a Real Minor or a Police Sting?

Many of these cases involve no real child at all. In our practice, Hillsborough County Sheriff’s Office online stings follow two patterns: a deputy answers or posts an adult ad and then claims a teenage age once the conversation is under way, or a deputy poses as an adult offering access to a child. If you were talking with a detective, entrapment and charge-stacking defenses may apply; our post on solicitation of a child using a computer covers those defenses and the leading cases in detail.

Research on real cases points the other way from popular belief. In “Online ‘Predators’ and Their Victims,” published in American Psychologist in 2008 (vol. 63, pp. 111-128), researchers Janis Wolak, David Finkelhor, Kimberly Mitchell, and Michele Ybarra of the University of New Hampshire’s Crimes Against Children Research Center reported that in their national study of arrests, only 5 percent of offenders pretended to be teens when they met potential victims online, and 99 percent of victims of internet-initiated sex crimes were ages 13 to 17. The cases that reach court are usually about older teenagers and conversations that moved toward sex over time, which is why the full chat history matters.

How Do These Investigations Usually Start?

Most investigations start with a report from a parent, a platform, or a tip to the National Center for Missing and Exploited Children. NCMEC reports that in 2023, Florida law enforcement received more than 47,500 actionable CyberTipline reports, and more than 1,800 of them concerned suspected online enticement, including sextortion.

Signs you may already be under investigation include:

• The other person suddenly reveals an underage age after a sexual turn in the conversation.
• The account blocks you, disappears, or is replaced by a message from someone claiming to be a parent.
• Someone asks you to meet, then sends a location you do not recognize.
• A detective calls, leaves a card, or asks you to “come in and talk.”
• Your service provider notifies you of a legal request for your account records.

Our article on signs you are being investigated for a crime in Florida covers other warning signs.

Should You Talk to Police If a Detective Contacts You?

No, not without a lawyer. A detective who calls or knocks is usually trying to confirm that you were the person typing the messages, and a voluntary interview often supplies the identity proof the State does not yet have. You can politely decline to answer questions, decline consent to search your phone, and ask for your lawyer. If officers have a search warrant, do not resist, but do not discuss the case.

Early representation gives the defense a chance to act before the State’s charging decision. Our page on representation before charges are filed explains how our attorneys communicate with investigators and prosecutors on a client’s behalf. If the first contact came from a self-described predator-catcher group rather than police, see our post on vigilante predator catchers in Florida.

How Can a Defense Attorney Help Before You Are Charged?

A defense attorney can review the conversation, preserve evidence that helps you, and keep you from making the statements that most often prove the State’s case. Our attorneys focus on four questions in every case:

1. What did the messages actually say? Sexual talk is not always solicitation; the State must prove an attempt to seduce, solicit, lure, or entice.
2. What did you believe about age? The profile, the photos, and when age was first mentioned matter under Cashatt.
3. Can the State prove you sent the messages? Shared phones, shared accounts, and incomplete screenshots can leave doubt about identity.
4. Was there inducement? If a detective or decoy pushed the conversation toward sex after you pulled back, entrapment may apply.

Frequently Asked Questions About Messaging a Minor Online in Florida

Can I go to jail for texting a 16-year-old in Florida?

You can if the messages solicited sexual conduct, or if you sent obscene material, because Florida treats anyone under 18 as a minor for these offenses. The Brancato Law Firm reviews the actual messages before advising a client, since ordinary conversation is not a crime.

Should I delete the messages if I talked to a minor online?

No, deleting messages can lead to a tampering charge and can destroy proof that the other person claimed to be an adult. Our attorneys at The Brancato Law Firm preserve the full conversation so it can be reviewed for defenses; see our internet crimes defense page.

What if the minor said they were 18?

A stated adult age is strong evidence on the belief element of computer solicitation, but it does not help if the case involves in-person sexual contact with someone under 16. The Brancato Law Firm builds the defense around the exact point where age entered the conversation.

Can a parent press charges for messages to their child?

A parent can report the messages, but the State Attorney’s Office, not the parent, decides whether to file charges. Our attorneys at The Brancato Law Firm can contact the prosecutor before a decision is made; learn more about pre-file advocacy.

How long does an online solicitation investigation take in Florida?

It can take days in a sting case and months when police need records from an app or phone carrier, and an arrest can come without warning. The Brancato Law Firm advises clients during that window so they do not make statements that strengthen the case.

Can charges for messaging a minor be dropped in Florida?

Yes, charges can be declined or dismissed when the messages do not show solicitation, the State cannot prove who sent them, or entrapment applies. The Brancato Law Firm presents those problems to prosecutors early, and when a case is filed we file the motions that test them in court.

Call a Tampa Defense Attorney Before You Talk to Anyone

What you say in the first conversation with a detective can matter more than anything in the chat. Before you answer a call or open the door, talk with The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the conversation with you and tell you what to expect. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page, or our Tampa sex crimes lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If a detective has called about your relationship with a 16- or 17-year-old, or you have already been charged under section 794.05, the birth dates and the dates of contact in the police report will shape every decision that follows. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I learned how these cases are built in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases, and I have tried more than 150 jury trials to verdict over more than 25 years in Hillsborough County courtrooms. Our attorneys defend section 794.05 charges across Hillsborough, Pinellas, and Pasco Counties, starting with the ages, the dates, and the scoresheet.

What does Florida Statute 794.05 say?

Section 794.05, Florida Statutes, titled “Unlawful sexual activity with certain minors,” makes it a second-degree felony for “a person 24 years of age or older” to engage in sexual activity “with a person 16 or 17 years of age.” People also call this charge sexual conduct with a minor, unlawful sexual conduct with a minor, or statutory rape, but section 794.05 is the statute on the charging document. Our Tampa sex crimes lawyer page explains how The Brancato Law Firm defends this charge and the related offenses below. Florida law defines a minor as anyone who has not turned 18, under section 1.01(13), Florida Statutes, so a 17-year-old is still a minor.

The Florida standard jury instruction for this charge, Instruction 11.7, lists three elements the State must prove beyond a reasonable doubt:

Section 794.05 has four more provisions that matter in practice. Sexual activity “does not include an act done for a bona fide medical purpose.” The statute does not apply to a 16- or 17-year-old “who has had the disabilities of nonage removed under chapter 743,” which includes a married minor. The minor’s “prior sexual conduct is not a relevant issue” in the prosecution. And if the offense results in a birth, paternity is established under chapter 742, and an offender found to be the father must pay child support under chapter 61. Our attorneys at The Brancato Law Firm build a timeline of both people’s ages against every alleged act before anything else, because a one-day error on either birthday can take a count outside the statute.

The 24-year line has been tested in court. In State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999), a trial judge in the Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, dismissed a section 794.05 charge as a denial of equal protection. The Second District reversed and held the statute constitutional, finding it “reasonably related to the goal of protecting minors from sexual exploitation by adults.” Florida’s line is unusually high. A 2004 U.S. Department of Health and Human Services report prepared by The Lewin Group, Statutory Rape: A Guide to State Laws and Reporting Requirements, found that 16 states set a minimum age for the accused, and Florida’s 24 was the highest listed.

Is consent a defense to unlawful sexual activity with a minor?

No. The elements of section 794.05 say nothing about consent, so if the State proves the ages and the act, the minor’s willingness does not defeat the charge. Florida courts treat section 794.05 as a strict liability crime, which means the State does not have to prove the accused knew the minor’s age or intended to break the law.

A mistake about age is not a defense either. Section 794.021, Florida Statutes, says that when a crime in chapter 794 depends on the victim’s age, “ignorance of the age is no defense,” and neither is “misrepresentation of age” or “a bona fide belief” that the person was older. A fake ID or a dating profile that says 18 does not change the legal answer. Our post on ignorance of the victim’s age in Florida covers this rule across other sex offenses.

Two appellate cases apply that rule directly to section 794.05. In Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004), a man convicted of sexual activity with a 17-year-old asked for jury instructions requiring proof that he knew her age and acted with criminal intent. The Fourth District held that “the legislature left no doubt as to its intention that this offense be treated as a strict liability crime,” and affirmed. In Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006), a 26-year-old whose relationship began two months after the girl’s 17th birthday argued that punishing him without proof he knew her age violated due process. The First District rejected that challenge and affirmed. Because the law closes these doors, The Brancato Law Firm puts the defense where the State still carries the burden: the ages, the dates, and whether the act happened.

What are the penalties for unlawful sexual activity with a minor in Florida?

Unlawful sexual activity with a minor is a second-degree felony carrying up to 15 years in prison under section 775.082, Florida Statutes, and a fine of up to $10,000 under section 775.083, Florida Statutes. The legal ramifications reach well past the sentence itself.

Section 794.05 carries no mandatory minimum sentence. The real floor comes from the Criminal Punishment Code scoresheet, explained in the next section, and that is where our attorneys at The Brancato Law Firm do much of their sentencing work.

How does the Florida scoresheet score a section 794.05 conviction?

The scoresheet usually calls for prison, even for a person with no record, because Florida adds points for the sexual act itself. Section 921.0022, Florida Statutes, ranks section 794.05(1) as a Level 6 offense, worth 36 points. Section 921.0021(7)(b), Florida Statutes, then requires 80 points for sexual penetration “regardless of whether there is evidence of any physical injury,” or 40 points for sexual contact without penetration. Under section 921.0024, Florida Statutes, any total above 44 points produces a minimum prison sentence: subtract 28 and multiply by 0.75.

The difference between penetration and union is worth fighting over. In Neira v. State, 847 So. 2d 1134 (Fla. 4th DCA 2003), a 17-year-old testified that she had consensual intercourse with the defendant, and he denied penetration. The judge scored 80 penetration points instead of 40 contact points, which raised the lowest permissible sentence from 36 months to 66.15 months, and imposed 66.15 months. The Fourth District affirmed, holding that the jury did not have to make a separate penetration finding for scoresheet purposes, and certified the question to the Florida Supreme Court as one of great public importance. The lesson for anyone charged today: the nature of the act decides roughly two and a half years of the minimum sentence, so The Brancato Law Firm contests it with the evidence, the charging language, and the verdict form.

Section 794.05 cases are far less common than other sex charges, and a high score does not always mean prison in Hillsborough County. Scoresheets received by the Florida Department of Corrections (FDC) for sentences from July 1, 2023, through June 30, 2024, cited section 794.05 62 times, compared with 589 for section 800.04 and 472 for section 794.011, according to the FDC report Florida’s Criminal Punishment Code: Assessment and Analysis (2024). The same report shows that in fiscal year 2023-24, Hillsborough County judges sentenced 2,235 of the 3,594 felony scoresheets of all types that scored more than 44 points and recorded a sanction to county jail, probation, or community control instead of state prison.

Can a judge sentence below the scoresheet if the teen was a willing participant?

Yes. Consent is not a defense at trial, but Florida law lets a judge consider it at sentencing. Section 921.0026(2)(f), Florida Statutes, lists as a mitigating circumstance that “the victim was an initiator, willing participant, aggressor, or provoker of the incident,” and that ground can support a downward departure, meaning a sentence below the scoresheet minimum.

The Florida Supreme Court settled the question in State v. Rife, 789 So. 2d 288 (Fla. 2001). Ronald Rife was convicted of three counts of sexual battery on a 17-year-old who had moved into his home, under a statute that says the minor’s willingness “is not a defense.” Both testified the relationship was consensual and that they planned to marry when she turned 18. His scoresheet minimum was 297.4 months, about 24 years, and the trial judge departed to 102 months followed by 10 years of probation. The court approved the departure, holding that judges are not barred as a matter of law from relying on a minor’s willing participation, while cautioning that the judge must weigh “the victim’s age and maturity and the totality of the facts” and that a young person’s failure to resist “is not the same as willing participation.”

The Second District applied that rule to a section 794.05 case in Rivera v. State, 1 So. 3d 1158 (Fla. 2d DCA 2009). Nelson Rivera pleaded no contest to unlawful sexual activity with a minor and received 10 years in prison. He later claimed his lawyer never presented mitigation, including that the girl had lied about her age. The Second District reversed the summary denial of his claim and sent it back for further proceedings, noting that the sentencing court could have considered her willing participation as mitigation under Rife, even though her misrepresentation of age was no defense to the charge. Mitigation only helps if someone builds it and presents it, which is why The Brancato Law Firm prepares a written mitigation package, with records and witnesses, before any sentencing hearing. Our guide to how to get a downward departure in Florida explains the other legal grounds.

Does a 794.05 conviction require sex offender registration?

Yes. Section 943.0435, Florida Statutes, lists section 794.05 as a qualifying offense, and it defines “convicted” to include a guilty or no contest plea “regardless of whether adjudication is withheld.” A withhold of adjudication, which avoids a formal conviction for most other purposes, does not avoid registration here.

• Initial registration: in person at the sheriff’s office within 48 hours after conviction, or within 48 hours after release from Department of Corrections custody.
• Reregistration: in person twice a year, during the birth month and six months later. Section 794.05 is not on the list of offenses that require reporting every three months.
• Duration: for life, unless a court grants removal. Section 943.0435(11) allows a petition after at least 25 years from release from confinement or supervision, with no arrest for any felony or misdemeanor since release.
• Sexual predator risk: under section 775.21, Florida Statutes, a section 794.05 conviction can lead to sexual predator designation when the person has a prior conviction for a listed sex offense.

Where a person can live depends on whether they are on supervision. Florida’s statutory 1,000-foot residency restriction, section 775.215, applies to listed offenses where the victim was under 16, and section 794.05 is not on that list. Probation is different. For a chapter 794 offense, section 948.30, Florida Statutes, requires a 10 p.m. to 6 a.m. curfew, sex offender treatment at the probationer’s expense, and, when the victim was under 18, a ban on living within 1,000 feet of a school, child care facility, park, or playground and on contact with children under 18 without court approval. Our post on sex offender probation rules in Florida covers those conditions in detail.

Registration touches thousands of people in Tampa Bay. As of October 2024, 1,999 registered sex offenders lived in Hillsborough County communities, 1,579 in Pinellas County, and 872 in Pasco County, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability in Report 24-11 (2024). Because registration follows a plea as surely as a guilty verdict, our attorneys at The Brancato Law Firm look first for a resolution to an offense that does not require registration, as several of the results below show. Our guide to sex offender registration in Florida explains the reporting rules.

Does Florida’s Romeo and Juliet law apply to section 794.05?

No. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a court remove the registration requirement only for convictions under section 800.04, section 827.071, or section 847.0135(5), and only when the minor was 13 to 17 and the offender was not more than 4 years older. Section 794.05 is not on that list. The age math rules it out anyway: a person 24 or older is always more than 4 years older than a 16- or 17-year-old.

The Romeo and Juliet law is also not a defense to any charge; it only affects registration after a conviction for a qualifying offense. For a section 794.05 registrant, the realistic path off the registry is the 25-year petition described above. Our Romeo and Juliet registry removal guide explains who qualifies, and our article on the age of consent in Florida lays out which age combinations are legal. The Brancato Law Firm reviews registration consequences, including any removal path, before a client decides on a plea.

How is section 794.05 different from lewd or lascivious battery and sexual battery?

The younger person’s age and whether there was consent decide which statute applies. Section 794.05 covers only 16- and 17-year-olds with a partner 24 or older. Section 800.04, Florida Statutes, covers anyone under 16, whatever the other person’s age. Section 794.011, Florida Statutes, the sexual battery law, covers acts without consent and acts by a parent or other person in familial or custodial authority.

The scoresheet also separates these charges. Section 921.0022 ranks lewd or lascivious battery at Level 8, two levels above section 794.05, so the same act scores higher when the younger person is 15 than when the younger person is 16. A claim that a 16- or 17-year-old did not consent changes the case entirely, because it turns a second-degree felony into a first-degree sexual battery charge. Our guides on how to fight a lewd and lascivious charge and how to fight a sexual battery charge in Florida cover those statutes, and The Brancato Law Firm defends every charge in this group.

What defenses work against an unlawful sexual activity charge?

The strongest defenses attack the facts the State must prove: the two ages, the dates, and the act. These are the issues our attorneys work through in every section 794.05 case.

1. The accused was under 24 on the date of the act. Section 794.05 does not reach a 23-year-old. We match the accused’s birth date against each alleged date, because acts before the 24th birthday fall outside the statute even if later acts do not.
2. The minor was not 16 or 17 on that date. The State must prove the minor’s age with competent evidence, usually birth records. If the minor had turned 18, section 794.05 does not apply; if the minor was 15 or younger, the charge is the wrong statute, and the State must charge and prove a different offense.
3. No sexual activity as the statute defines it. Kissing or touching that is not penetration or union is not “sexual activity” under section 794.05. Whether the act was penetration or union also changes the scoresheet by 40 points.
4. The accusation is not reliable. Many of these cases rest on one person’s account. We collect texts, social media, location data, and school and work records that confirm or contradict the timeline, and we look for reasons the account changed.
5. The minor was emancipated or married. Section 794.05 does not apply to a minor whose disabilities of nonage were removed, and section 743.01, Florida Statutes, removes them for a minor who is or has been married. In Hodge, the Fourth District held this exception is an affirmative defense, so the accused must come forward with evidence of it. Under current law, section 741.04, Florida Statutes, allows a Florida marriage license for a 17-year-old only with parental consent and a spouse no more than 2 years older, so this defense mostly arises from out-of-state marriages or court-ordered emancipation.
6. The statement or controlled call can be challenged. Many cases are built on an interview or a recorded call that the minor or a parent makes at a detective’s direction. Our article on fighting a false confession in a Florida sex crime case explains how we challenge those statements.
7. Mitigation, if the facts are proven. When the evidence is strong, the willing participation mitigator under Rife, the client’s history, and treatment evaluations can support a sentence below the scoresheet or a negotiated plea to an offense that does not require registration.

A defense does not need a dramatic theory to work. In a case involving a 27-year-old and a 16-year-old, The Brancato Law Firm won a dismissal by showing that the accuser’s account did not hold together, as the results below show.

What should you do if a detective calls about a 16- or 17-year-old?

Decline the interview and call a defense lawyer before you say anything. In a section 794.05 investigation, consent is not a defense, so an admission that a relationship existed can supply most of the State’s case. Detectives often keep the tone friendly and say they “know it was consensual,” and some cases begin with a controlled call from the minor or a parent before any contact from police.

• Do not call, text, or message the minor or the minor’s family about the allegation.
• Do not delete anything. Messages and photos that show dates can prove when a birthday passed or when contact stopped.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

The weeks before an arrest are the best time to act. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office before it decides whether to file.

If an arrest has already happened in Hillsborough County, expect to stay in jail until a judge sees you. Section 903.011, Florida Statutes, bars release before first appearance for anyone arrested for a second-degree felony, and the 13th Judicial Circuit’s 2026 bond schedule, Administrative Order S-2025-063, leaves second-degree felonies for a judge to decide. In Hillsborough County, first appearance happens within 24 hours of arrest, by video from the jail, and the judge usually sets no-contact conditions along with any bond. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in cases involving 16- and 17-year-olds

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About Unlawful Sexual Activity With a Minor

Can unlawful sexual activity charges be dropped if the teen does not want to cooperate?

They can, but the decision belongs to the State Attorney’s Office, not the minor or the minor’s parents. The Brancato Law Firm has had an unlawful sexual conduct charge involving a 16-year-old dismissed, and a case involving a 17-year-old closed with a letter of release that reflected the alleged victim’s wishes, and our sex crimes defense attorneys push for that outcome from the first week.

Is all sexual activity between an adult and a minor illegal in Florida?

No. Consensual sexual activity between a 16- or 17-year-old and an adult partner under 24 does not violate section 794.05, although other laws, such as those covering school employees, custodial adults, and explicit images, can still apply. The Brancato Law Firm checks every one of those statutes against the facts, and our guide to the Florida age of consent maps the age combinations.

What charge applies if the younger partner is 15 instead of 16?

Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04(4), a second-degree felony, whether the other person is 18, 23, or 40, and consent is not a defense. Our attorneys at The Brancato Law Firm defend those cases with the same focus on ages and dates, as our article on lewd and lascivious charges in Florida explains.

What is the minimum sentence for unlawful sexual activity with a minor in Florida?

There is no mandatory minimum, but a single count involving penetration scores a lowest permissible sentence of 66 months in prison for a person with no record. The Brancato Law Firm attacks the penetration points and builds departure grounds, such as willing participation under State v. Rife, as described in our guide to downward departures in Florida.

Does a withhold of adjudication avoid sex offender registration for section 794.05?

No. Section 943.0435 requires registration for a section 794.05 plea or verdict “regardless of whether adjudication is withheld.” That is why The Brancato Law Firm negotiates toward offenses that carry no registration requirement, and our page on Florida sex offender registration lists what registrants must report.

Can a woman be charged with unlawful sexual activity with a minor in Florida?

Yes. Section 794.05 applies to “a person 24 years of age or older,” so it covers women and men equally, and it applies whether the minor is a boy or a girl. The Brancato Law Firm defends women and men accused under this statute, often through pre-file advocacy that starts before any arrest.

Can I be charged if I did not know my partner was 17?

Yes. Section 794.021 makes ignorance of age, a lie about age, and a good-faith belief that the person was older no defense. The Brancato Law Firm still documents what the accused was told and shown, because those facts can matter in plea negotiations and at sentencing, as our post on mistake of age in Florida sex cases explains.

Talk to a lawyer before you talk to the detective

Our attorneys start by contacting the detective so you are never interviewed alone, then lock down the birth dates, messages, and records that decide whether section 794.05 even applies. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends unlawful sexual activity charges from the first phone call through trial and sentencing. The days before an arrest are when our attorneys can do the most, so call (813) 727-7159 now for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

In a typical Florida age-of-consent prosecution, the State’s case rests on two birth dates and whatever the accused told a detective, because the younger person’s willingness is not a defense. I saw how these cases are built, and where they come apart, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys defend people accused of sex offenses involving teenagers across Hillsborough, Pinellas, and Pasco Counties, starting with the first call from a detective.

What is the age of consent in Florida?

The age of consent in Florida is 18, but no single statute says so. The rule comes from three laws read together: section 794.05, Florida Statutes, for 16- and 17-year-olds; section 800.04, Florida Statutes, for anyone under 16; and section 794.011, Florida Statutes, the sexual battery law, for any sexual act without consent. These statutes apply in every Florida county, so the answer is the same in Tampa, Miami, or Orlando.

Two rules apply whenever the younger person is a minor these statutes protect. First, the minor’s agreement does not count: section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Second, a mistake about age does not help. Under section 794.021, Florida Statutes, “ignorance of the age is no defense,” and neither is a lie about age or “a bona fide belief” that the person was older. Section 800.04(3) applies the same rule to children under 16. The table below shows how Florida law treats the most common age combinations.

Our attorneys at The Brancato Law Firm start every one of these cases by fixing both people’s ages on the date of each alleged act, because the row that applies decides the charge, the penalty, and whether registration follows.

Can a 16- or 17-year-old legally date someone 18 to 23 in Florida?

Yes. Florida has no law against dating at any age, and section 794.05 makes sexual activity with a 16- or 17-year-old a crime only when the older person is 24 or older. A 16-year-old and an 18-year-old, a 17-year-old and a 19-year-old, or a 17-year-old and a 23-year-old do not violate section 794.05 when both consent.

• 16 and 18: not a crime under section 794.05.
• 17 and 19, or 17 and 20: not a crime under section 794.05.
• 16 and 23: not a crime under section 794.05.
• 17 and 24: a second-degree felony for the 24-year-old.
• 15 and any age: a felony under section 800.04, covered below.

The older partner’s birthday can change the answer overnight. A relationship that starts when the older partner is 23 becomes a felony for any sexual activity on or after the older partner’s 24th birthday while the younger partner is still 16 or 17. The State has to prove the date of each act, and The Brancato Law Firm holds prosecutors to that proof.

Section 794.05 also has one narrow exception. Subsection (3) says its provisions “do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743,” which is Florida’s process for legally emancipating a minor. Being outside section 794.05 does not protect every part of a relationship. Photos, school and family authority, and disputed consent fall under other statutes, explained in the section on what consent does not cover below.

What happens if the older partner is 24 or older?

A person 24 or older who has sexual activity with a 16- or 17-year-old commits unlawful sexual activity with certain minors, a second-degree felony under section 794.05(1). The maximum sentence is 15 years in prison under section 775.082, Florida Statutes, and the maximum fine is $10,000 under section 775.083, Florida Statutes. A conviction requires sex offender registration under section 943.0435, Florida Statutes, which lists section 794.05 as a qualifying offense and counts a plea “regardless of whether adjudication is withheld.”

“Sexual activity” has a specific meaning in section 794.05: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or penetration by any other object. Kissing or touching that does not meet that definition is not a section 794.05 offense. The statute also says the 16- or 17-year-old’s “prior sexual conduct is not a relevant issue,” and if the offense results in a birth, paternity is established under chapter 742 and an offender found to be the father must pay child support. Our full guide to unlawful sexual activity with a minor in Florida covers the elements, penalties, and defenses in detail, and our Tampa sex crimes defense attorney page explains how our firm approaches these charges.

The 24-year line exists because of a Florida Supreme Court case. In B.B. v. State, 659 So. 2d 256 (Fla. 1995), a juvenile case that reached the court from the Second District Court of Appeal, both teenagers were 16, and the State prosecuted one of them under the old version of section 794.05, which applied to “any person.” The court held the statute unconstitutional as applied to a minor, because the State had not shown that prosecuting one 16-year-old for consensual sex with another was the least intrusive way to protect minors. In 1996, the Legislature rewrote section 794.05 so that it applies only to a person 24 or older (chapter 96-409, Laws of Florida).

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, then upheld the new age line in State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). The court held that limiting criminal responsibility to people 24 and older is not arbitrary, because the Legislature could decide that people in that group “were more likely than others to understand the consequences of their actions and to cause harm to minors.” With the age line settled, The Brancato Law Firm focuses these defenses on the facts the State must prove: the act, the dates, and the ages.

Is sex with someone under 16 always a crime in Florida?

Yes. Under section 800.04(4), sexual activity with a person 12 to 15 years old is lewd or lascivious battery, a second-degree felony, no matter how old the other person is. Section 800.04 has no close-in-age exception, so an 18-year-old with a 15-year-old and a 17-year-old with a 14-year-old can both be charged. Touching a person under 16 in a lewd or lascivious manner, without sex, can be charged as lewd or lascivious molestation or lewd or lascivious conduct.

The Florida Supreme Court rejected the argument that a willing teenager changes the result in Jones v. State, 640 So. 2d 1084 (Fla. 1994). One defendant was 18, and in the companion case two men aged 19 and 20 had sex with 14-year-old girls who, the parties agreed, consented. The court upheld section 800.04, holding that “neither the level of intimacy nor the degree of harm are relevant when an adult and a child under the age of sixteen engage in sexual intercourse.”

Teenagers can be charged too. In J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998), two 15-year-old boys were charged after consensual sexual activity with two 12-year-old girls. The court held that section 800.04 could be applied to them in the juvenile system, because the State’s interest in protecting 12-year-olds outweighed the older teens’ privacy interest. Penalties under section 800.04 range from a third-degree felony for some offenders under 18 to a life felony for an adult accused of molesting a child under 12; our guide on how to fight a lewd and lascivious charge in Florida breaks down each tier.

Research shows how often these cases involve people who already know each other. A U.S. Office of Juvenile Justice and Delinquency Prevention bulletin, Statutory Rape Known to Law Enforcement (2005), analyzed 2000 National Incident-Based Reporting System data and found that 95% of statutory rape victims were female and almost 3 of every 5 were 14 or 15 years old. Three in 10 offenders were boyfriends or girlfriends and 6 in 10 were acquaintances, and an arrest occurred in 42% of incidents. Because so many of these cases grow out of an existing relationship, our attorneys at The Brancato Law Firm look closely at the messages and timeline between the two people.

Does Florida have a Romeo and Juliet law?

Yes, but it does not make any relationship legal and it is not a defense to a charge. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a person who was close in age to the minor ask a court to remove the requirement to register as a sexual offender after a conviction. The closest thing Florida has to a close-in-age rule for the crime itself is the under-24 line in section 794.05.

Section 794.05 is not on the list. A person convicted of unlawful sexual activity with a 16- or 17-year-old cannot use the Romeo and Juliet law, and a 24-year-old is always more than 4 years older than a 16- or 17-year-old in any event. For that person, the main path off the registry is the general petition under section 943.0435(11), which requires at least 25 years after release from all confinement and supervision with no arrest for any felony or misdemeanor.

Courts apply the statute strictly. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), a Hillsborough County judge denied a Romeo and Juliet motion without explaining why. The Second District reversed, holding that the current statute allows the motion to be decided at a hearing after sentencing and that a denial without reasons cannot stand, and it noted that “[s]uccessive motions to remove the registration requirement are not authorized.”

A 2026 decision shows the limits. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), an Orange County judge had granted registry removal to a man who was 28 when he committed an online solicitation offense under section 847.0135(3) involving a person he believed was 14. The judge later vacated that order, and the Sixth District affirmed: his offense was not on the statute’s list and he was more than 4 years older, so the court had no discretion to grant relief. Because the offense of conviction decides whether this relief exists at all, our attorneys at The Brancato Law Firm weigh registration consequences, including Romeo and Juliet eligibility, before any plea.

Relief under this law is rare. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 1,999 registered sex offenders lived in Hillsborough County communities, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry; 2,282 of them had died, and 26 were removed under the Romeo and Juliet law.

The pattern is older than that report. A Florida Senate Committee on Criminal Justice issue brief, Examine Florida’s “Romeo and Juliet” Law (September 2011), found that as of July 2011 courts had granted 241 petitions, 93% of them for a lewd or lascivious offense, and that the largest share of granted petitions, 24%, came from the 6th Judicial Circuit, which covers Pasco and Pinellas Counties. Our Romeo and Juliet registry removal guide explains how The Brancato Law Firm prepares the motion.

What does consent not cover in Florida?

Consent between a 16- or 17-year-old and a partner under 24 answers only one question: whether section 794.05 applies. Six other rules can still lead to felony charges in a relationship that section 794.05 allows.

1. Photos and videos. Section 827.071, Florida Statutes, defines a child as anyone under 18, so a sexual image of a 16- or 17-year-old is child sexual abuse material even when the relationship is legal. Possessing it is a second-degree felony, and each image is a separate offense. Our post on Florida pornography and age verification laws covers the image laws in more depth.
2. Sending explicit images to a minor. Sending material harmful to minors to someone known to be under 18 can be charged under section 847.0138, Florida Statutes, a third-degree felony. Between two minors, section 847.0141, Florida Statutes, makes a first sexting violation a noncriminal violation, but images showing sexual conduct can still be prosecuted under other laws.
3. School employees and volunteers. Under section 800.101, Florida Statutes, an adult employed by, volunteering at, or under contract with a school commits a second-degree felony by engaging in sexual conduct or “a relationship of a romantic nature” with a student. The statute defines a student as a person enrolled at a school, with no age limit. Our post on what happens when a teacher is arrested in Florida covers the career consequences.
4. Parents, stepparents, and custodial adults. Under section 794.011(8), a person in “a position of familial or custodial authority” who engages in sexual battery with a 12- to 17-year-old commits a first-degree felony, and the minor’s willingness “is not a defense to prosecution.”
5. Disputed consent. Consent in Florida means “intelligent, knowing, and voluntary consent.” If a 16- or 17-year-old says an act was not consensual, the accused can face a sexual battery charge under section 794.011(5)(a), a first-degree felony when the accused is 18 or older. Allegations like this sometimes surface after a parent learns about the relationship.
6. Age mistakes. A fake ID or a dating-app profile showing 18 is not a defense under section 794.021 or section 800.04(3).

The Brancato Law Firm checks each of these statutes against the facts at the start of a case, because a relationship that falls outside section 794.05 can still be charged under one of them.

Is there a crime called statutory rape in Florida?

No. Florida’s criminal statutes do not use the term “statutory rape.” People use it to describe sex with someone under the age of consent, and in Florida that usually means one of three charges:

• Unlawful sexual activity with certain minors (section 794.05): a person 24 or older with a 16- or 17-year-old.
• Lewd or lascivious battery (section 800.04(4)): sexual activity with a 12- to 15-year-old, by anyone.
• Sexual battery (section 794.011): any sexual act with a child under 12, or with a person of any age who did not consent.

The label matters less than the statute on the charging document, because each one has different elements, penalties, and registration consequences. When someone tells us a detective mentioned “statutory rape,” our attorneys at The Brancato Law Firm first find out which statute the detective is working under and which dates and ages the State believes it can prove.

What should you do if a detective calls about a relationship with a teenager?

Do not agree to an interview, and call a defense lawyer before you say anything. We have seen the pattern many times: a detective calls and asks you to come in “just to talk,” keeps the tone friendly, and says something like “We know it was consensual. We’re not saying you forced her.” In a section 794.05 or section 800.04 case, consent is not a defense, so an admission that the relationship happened can supply most of the State’s case.

Most of these cases begin with interviews, not physical evidence, and an investigation can run for weeks before anyone is arrested. That window matters. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office for the 13th Judicial Circuit before it decides whether to file. In sex cases involving teenagers, The Brancato Law Firm has had the State decline to file charges, as the results below show.

• Do not call, text, or message the other person or their family about the allegation.
• Do not delete anything. Save texts, photos, and records that show dates, because the charge depends on each person’s age on the date of each act.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in age-of-consent cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About the Age of Consent in Florida

Can an unlawful sexual activity with a minor charge be dropped in Florida?

Yes. Prosecutors can drop or dismiss a section 794.05 charge when the proof of the act, the dates, or the ages does not hold up. The Brancato Law Firm had one such charge against a 27-year-old dismissed after a social media investigation exposed the accuser’s conflicting statements, and our sex crimes defense team handles these cases from investigation through trial.

Is it illegal for an 18-year-old to have sex with a 15-year-old in Florida?

Yes. Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04, a second-degree felony, regardless of consent. The Brancato Law Firm defends these charges by testing the dates and ages the State must prove, as our article on lewd and lascivious charges explains.

Can my parents press charges if I am 17 and my partner is 20?

Parents can report a relationship to police, but the State Attorney’s Office decides whether to file charges, and consensual sex between a 17-year-old and a 20-year-old does not violate section 794.05. The Brancato Law Firm steps in when a report like this turns into a claim that the sex was not consensual, which is a different and more serious charge, and our pre-file advocacy starts before any arrest.

Is it legal to send nude photos to a 17-year-old partner in Florida?

No. A sexual image of anyone under 18 is child sexual abuse material under section 827.071, and sending explicit images to a known minor can be charged under section 847.0138, even when the sexual relationship itself is legal. Our attorneys at The Brancato Law Firm defend image-based charges, which our post Is Porn Legal in Florida? covers further.

Does the Romeo and Juliet law apply to a section 794.05 conviction?

No. Section 943.04354 covers only convictions under sections 800.04, 827.071, and 847.0135(5), and the person must be no more than 4 years older than a minor who was 13 to 17. The Brancato Law Firm reviews whether another path, such as the 25-year petition under section 943.0435(11), is available; our page on Florida Romeo and Juliet registry removal explains who qualifies.

What if a 16-year-old said they were 18?

It is not a defense. Under section 794.021, ignorance of the minor’s age, a misrepresentation of age, or a good-faith belief that the person was older does not excuse the offense. The Brancato Law Firm still documents what the accused was told, because the circumstances can matter in negotiations with the prosecutor, as our post on ignorance of the victim’s age explains.

Can a teacher date an 18-year-old student in Florida?

No. Section 800.101 makes it a second-degree felony for a school employee, volunteer, or contractor 18 or older to engage in sexual conduct or a romantic relationship with a student, and it defines a student as a person enrolled at a school, with no age limit. The Brancato Law Firm defends educators accused under this statute, and our post on a teacher arrested in Florida covers the certification fallout.

Can two 15-year-olds be charged for having sex in Florida?

Yes. Section 800.04 applies to anyone who has sexual activity with a person 12 to 15, including another teenager, and the Florida Supreme Court allowed a juvenile prosecution of 15-year-olds in J.A.S. v. State. The Brancato Law Firm represents teenagers in juvenile court, where we push for outcomes such as treatment-based agreements that avoid sex offender registration.

Call before the first interview

Detectives usually try to get a statement before the accused has a lawyer, so the best time to call is before any interview. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can speak with the detective for you, preserve the messages and records that show dates and ages, and start building the defense right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Florida sorts sex offenses into a handful of charge families: sexual battery, lewd or lascivious offenses, unlawful sexual activity with a minor, child sexual abuse material, online solicitation and traveling to meet a minor, video voyeurism and indecent exposure, prostitution, and human trafficking. Almost all of them are felonies. Many carry mandatory minimum prison terms, which means a judge cannot go below the number no matter what the circumstances are. And nearly all of them carry sex offender registration that lasts for the rest of a person’s life unless a court removes it.

Several new laws that took effect on July 1, 2026 changed this area of the law significantly. Penalties went up across the child exploitation statutes, several offenses gained mandatory minimums that judges previously had discretion over, and the restrictions that follow people after a conviction expanded.

Sex crimes are the most common cases we handle at The Brancato Law Firm. Rocky Brancato spent years in a dedicated Major Crimes Unit at the Hillsborough County Public Defender’s Office handling only sex offense and child abuse cases, and later ran that office as Chief Operations Officer and Chief Assistant Public Defender, overseeing a staff of over 100 attorneys. One thing we tell nearly everyone who calls: the consequences that arrive after a case ends usually reshape a person’s life more than the sentence does. That is why this guide gives registration, designation, probation, and civil commitment as much room as the charges themselves.

A note on terminology before we start. Florida law no longer uses the phrase “child pornography.” As of July 1, 2026, the statutes use “child sexual abuse material,” often shortened to CSAM. The Legislature wrote the change into the bill as a rename rather than a redefinition, so cases charged under the old language still work the same way.

What Counts as a Sex Offense in Florida?

Florida’s sex offenses are spread across several chapters of the criminal code rather than gathered in one place.

The chapter matters because it determines the penalty structure, whether a mandatory minimum applies, and whether the conviction triggers registration. Two charges that sound similar to a person reading a police report can sit in different chapters and carry sentences decades apart.

Three factors move a charge between tiers more than anything else:

• The age of the alleged victim. Under 12, 12 to 15, 16 to 17, and 18 or older are the dividing lines that appear over and over.
  
• The age of the accused. Nearly every statute treats an offender 18 or older more harshly than one under 18, and several carry mandatory minimums that apply only to adults.
  
• Force, coercion, or a weapon. These aggravators can lift a second-degree felony to a life felony.
  

Prior convictions, custodial authority over the alleged victim, and multiple accused people acting together can also reclassify a charge upward.

Sexual Battery Charges in Florida

Sexual battery is Florida’s legal term for what most people call rape. Section 794.011 defines it as oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, or penetration by any other object. Consent under Florida law means intelligent, knowing, and voluntary consent. The statute is explicit that a person’s failure to physically resist does not establish consent.

Penalties turn on the ages of the people involved and whether force was used.

The statute lists the aggravating circumstances that raise a charge a full degree: the alleged victim was physically helpless or physically incapacitated, was administered a drug without their knowledge, was coerced by a threat of force or retaliation, is mentally defective and the accused knew or had reason to believe it, or the accused was a law enforcement or corrections officer or someone else in a position of control or authority. A prior conviction under the same chapter, or the accused holding a position of familial or custodial authority, can also push a charge into a higher tier than the table shows. Our explainer on sexual battery in Florida walks through each subsection in detail.

Capital Sexual Battery and the Death Penalty

Florida law makes sexual battery on a child under 12 by an adult a capital felony. A 2023 law created a sentencing procedure at section 921.1425 that authorizes prosecutors to seek a death sentence in those cases. If the state intends to pursue it, it must file notice within 45 days of arraignment listing the aggravating factors it intends to prove.

The constitutional picture is more complicated than the statute suggests. In Kennedy v. Louisiana (2008), the United States Supreme Court held that the Eighth Amendment forbids the death penalty for a crime against an individual that does not result in death, including child rape. Florida’s statute openly disputes that ruling, and the Legislature wrote its disagreement with Kennedy into the text. Prosecutors have filed notice of intent to seek death in a small number of cases since the law took effect, but no death sentence has been imposed under it, and Kennedy remains controlling federal law, which means any death sentence entered under the Florida statute would face reversal on appeal. In practice, life imprisonment without parole is the sentence these cases produce.

Lewd or Lascivious Offenses in Florida

Section 800.04 covers lewd or lascivious acts committed upon or in the presence of a person under 16. It contains four separate offenses, and the difference between them is the conduct alleged.

Two rules inside this statute surprise people constantly. Consent is not a defense, and neither is the alleged victim’s lack of chastity. Separately, the statute states that a mistaken but genuine belief about the child’s age cannot be raised as a defense, even if the child lied about their age. We wrote about why age mistakes are no defense because it is one of the most common misunderstandings we hear on intake calls.

Florida has parallel statutes covering lewd or lascivious offenses against elderly or disabled adults, including section 825.1025. Our lewd and lascivious defense guide covers the strategy side of these cases.

What Is the Age of Consent in Florida?

Florida’s age of consent is 18. There is one narrow exception: section 794.05 makes it a second-degree felony for a person 24 or older to engage in sexual activity with a 16 or 17-year-old. A person under 24 is not charged under that statute for the same conduct. So in practical terms, a 16 or 17-year-old can legally consent to a partner who is 23 or younger, and cannot consent to anyone 24 or older.

Below 16, the analysis moves to chapter 794 and section 800.04, and the penalties climb steeply. Sexual activity with a person 12 to 15 is charged as lewd or lascivious battery or as sexual battery depending on the facts.

Our articles on the age of consent, on unlawful sexual activity with minors, and on statutory rape defense cover the age brackets in more detail.

Child Sexual Abuse Material Charges After July 1, 2026

This is the area the 2026 legislature changed most. House Bill 245 replaced “child pornography” with “child sexual abuse material” throughout the Florida Statutes. House Bill 1159 raised penalties, added mandatory minimums, and created new offenses. The Senate summaries of HB 245 and HB 1159 set out both bills in full.

Section 827.071 now reads as follows.

Each image is a separate offense under Florida law, and when a single image depicts more than one child, each child is a separate offense. That is how a possession case involving one device turns into an indictment with dozens of counts.

The statute now includes a narrow exception to the mandatory minimums. A court is not required to impose one if it makes written findings that the depicted child was 14 or older, the material was created with that child’s permission, the offender was no more than four years older, and the offender did not send it to any third party.

Transmission is charged separately under section 847.0137, a second-degree felony that carries a five-year mandatory minimum for an offender 18 or older. Our guides on CSAM defense in Tampa and on charge enhancements in these cases go deeper on how counts stack.

AI-Generated Material

Section 827.072 treats computer-generated and AI-generated material as a chargeable offense on its own terms. The 2026 legislation raised intentionally creating generated child sexual abuse material from a third-degree felony to a second-degree felony, and created a new second-degree felony for transmitting it. The statute reaches images portraying a fictitious person a reasonable person would take for a real child, so the state does not have to prove that a real child was depicted. That removes what defendants and their families often assume is an obvious defense.

Online Solicitation and Traveling to Meet a Minor

Section 847.0135 is the statute behind most internet sting cases in Hillsborough, Pinellas, and Pasco Counties.

• Solicitation. Using a computer, phone, or any device capable of transmitting data to seduce, solicit, lure, or entice a child, or a person believed to be a child, into unlawful sexual conduct is a third-degree felony. It becomes a second-degree felony if the person misrepresented their own age.
  
• Traveling to meet a minor. Traveling any distance for the purpose of engaging in unlawful sexual conduct with a child, or a person believed to be a child, after using an online service to solicit them is a second-degree felony.
  
• Each message can be its own count. The statute states that each separate use of an online service in violation of the section may be charged as a separate offense.
  

Two features of this statute drive nearly every sting prosecution. First, no actual child needs to exist. If the person on the other end was an undercover detective posing as a 14-year-old, the statute still applies as long as the accused believed they were communicating with a child. Second, the statute says outright that law enforcement involvement in detecting the offense is not a defense, which narrows entrapment arguments to the specific conduct of the officers rather than the existence of the operation.

That leaves the defense work in the details: who initiated contact, who escalated the conversation, what the officer said about age and when, whether the operation induced conduct the person was not otherwise predisposed to, and whether the digital evidence was collected and preserved properly. We cover this in our guides to online sting defense, computer solicitation charges, and traveling to meet a minor. Cases built by private “predator catcher” groups rather than law enforcement raise a different set of problems, which we address in our article on vigilante predator catchers.

Charges of this kind often arrive alongside device seizures and search warrants, which is where our Tampa internet crimes work usually begins.

Video Voyeurism and Indecent Exposure

Section 810.145, now titled digital voyeurism, covers secretly viewing, recording, or broadcasting someone who is dressing, undressing, or exposing their body somewhere they have a reasonable expectation of privacy. The charge level turns on the age of the accused rather than on whether it is a first offense. An offender under 19 commits a first-degree misdemeanor. An offender 19 or older commits a third-degree felony.

The charge rises to a second-degree felony for anyone with a prior conviction under the same section, and for an offense committed by someone responsible for a child’s welfare, by a school employee against a student of that school, or by anyone 24 or older against a child under 16. Sharing or selling the recording is charged separately.

Section 800.03, exposure of sexual organs, is a first-degree misdemeanor on a first conviction and a third-degree felony on a second or subsequent one.

These are the lowest-tier offenses in this guide, and they are still capable of triggering registration in certain circumstances. Our article on video voyeurism charges explains when that happens.

Prostitution and Solicitation Charges

Florida treats prostitution offenses under chapter 796. Most first-time charges here are misdemeanors, and they escalate quickly with repetition.

• Offering to commit prostitution is a second-degree misdemeanor on a first offense, a first-degree misdemeanor on a second, and a third-degree felony on a third or subsequent offense.
  
• Soliciting another person to commit prostitution is a first-degree misdemeanor on a first offense, a third-degree felony on a second, and a second-degree felony on a third or subsequent offense.
  
• Deriving support from the proceeds of prostitution is a second-degree felony on a first offense under section 796.05, and it climbs from there.
  

The escalation structure is why a second charge is a different situation from the first one. Our articles on prostitution law in Florida and on Tampa area prostitution stings cover how these operations are run and charged locally.

Human Trafficking Charges

Section 787.06 covers human trafficking, including trafficking for commercial sexual activity. Trafficking a minor for commercial sexual activity is a life felony, and the statute does not require the state to prove force, fraud, or coercion when the alleged victim is a minor. Trafficking offenses involving adults are generally first-degree felonies.

Trafficking charges frequently attach to conduct that the accused understood as something else entirely, including a prostitution arrangement between adults or a relationship the state characterizes differently. Our Tampa human trafficking defense guide covers the elements the state has to prove.

What Happens After a Sex Crime Conviction in Florida

This is the part almost everyone underestimates. A sentence ends. Registration, designation, and supervision conditions can last the rest of a person’s life, and they govern where a person lives, works, and travels.

Sex Offender Registration in Florida

Under section 943.0435, a person convicted of a qualifying sex offense must register with the Florida Department of Law Enforcement and maintain that registration for life, unless they receive a full pardon or the conviction is set aside. Registration obligations include in-person reporting at set intervals, reporting changes of address, vehicle, employment, and email or internet identifiers, and appearing on a public database.

Two points that catch people off guard:

• A withhold of adjudication does not avoid registration. Withholding adjudication keeps a person from being a convicted felon for many purposes, but it does not remove the registration requirement for a qualifying offense. Our article on withhold of adjudication explains what a withhold does and does not do here.

• Juvenile adjudications can trigger it. A juvenile adjudicated delinquent of certain offenses can be required to register. Our parent’s guide to juvenile registration covers when that applies.
  

For the mechanics of the reporting obligation itself, see our guide to sex offender registration in Florida.

Sexual Offender Versus Sexual Predator

These are two different legal statuses, and the distinction has real consequences.

Because predator designation is entered by court order, it can be litigated, and it can be challenged when the criteria were not actually met. We have had a sexual predator designation removed on a motion to correct an illegal sentence after the prosecutor agreed the client did not meet the statutory criteria. Each case is unique. Past results do not guarantee future outcomes. We cover the criteria in our guides to the sexual offender designation and the sexual predator designation.

Sex Offender Probation Conditions

Section 948.30 imposes a set of special conditions on anyone placed on probation or community control for a qualifying sex offense. They apply by statute, not at the judge’s discretion. They include:

• A curfew, typically from 10 p.m. to 6 a.m.
  
• Mandatory treatment with a qualified sex offender therapist
  
• No contact with the alleged victim
  
• A prohibition on possessing obscene or pornographic material
  
• Restrictions on internet and computer use until a therapist evaluates the person
  
• Submission to a DNA sample
  
• Polygraph examinations and electronic monitoring in many cases
  

When the alleged victim was a minor, additional conditions attach automatically, including a prohibition on living within 1,000 feet of a school, daycare, park, playground, or other place where children regularly congregate, and a bar on unsupervised contact with children under 18. Our Florida sex offender probation guide walks through each condition and how violations are charged.

Residency and Proximity Restrictions Expanded in 2026

Senate Bill 212 took effect July 1, 2026 and widened the geography of these restrictions. Under the revised section 775.215, a person convicted of certain sex offenses where the alleged victim was under 16 may not live within 1,000 feet of a school, child care facility, park, playground, or public swimming pool. The pool restriction is new.

 It applies to offenses committed on or after July 1, 2026, and to people already subject to residency restrictions who change their permanent residence on or after that date.

The same law made other changes worth knowing:

• The loitering and prowling restriction for registrants near places where children congregate increased from 300 feet to 500 feet.
  
• People on probation, community control, or conditional release for qualifying offenses involving a minor face new prohibitions on living within 1,000 feet of a public swimming pool, working or volunteering at one, or visiting one without prior approval.
  
• State agencies and local governments must check the registry before hiring or appointing anyone, paid or volunteer, at parks, playgrounds, public pools, and child care facilities.
  

The Senate summary of SB 212 lists the full set of amendments. For anyone already registered in Tampa Bay, the practical takeaway is that a move can now trigger the new restrictions even if the underlying conviction predates them.

Can Anyone Get Off the Florida Registry?

Rarely, and only through specific statutory routes. Two exist.

The first is the 25-year petition under section 943.0435(11). A registrant may be considered for removal after at least 25 years since release from confinement, supervision, or sanction, with no arrest for any felony or misdemeanor in that period, and only if the registering offense was not one of the disqualifying offenses listed in the statute. Removal is discretionary with the court even when every requirement is met, and the State Attorney can oppose the petition.

The second is the Romeo and Juliet provision at section 943.04354. It allows a court to remove the registration requirement where the alleged victim was 13 to 17, the offender was no more than four years older, the conduct was consensual, and the person has no other qualifying sex offense conviction.

That provision reaches sexual predators as well as sexual offenders on its face, but the qualifying criteria mean almost nobody carrying a predator designation will meet them. For most predators, the realistic path is a challenge to the designation itself rather than a removal petition.

We should be straightforward about something here. We receive a high volume of registry removal inquiries, and only a small fraction of callers actually qualify under these statutes. Our guides to registry removal and the Romeo and Juliet petition lay out the eligibility criteria so you can see where you stand before you pick up the phone.

Civil Commitment Under the Jimmy Ryce Act

Florida can hold someone in custody after their prison sentence ends. Under the Jimmy Ryce Act, sections 394.910 through 394.932, the state may petition to civilly commit a person as a sexually violent predator shortly before release. The state must prove by clear and convincing evidence that the person has a qualifying prior sex offense conviction and a mental abnormality or personality disorder making them likely to reoffend.

If the petition succeeds, the person is committed to the custody of the Department of Children and Families indefinitely, with annual reviews. Far fewer people are committed than are referred. Our Jimmy Ryce Act guide explains how the referral, the evaluation, and the jury trial work.

How Florida Sex Crime Cases Are Actually Fought

Sex cases are won and lost on preparation. Rocky Brancato has tried more than 150 jury trials to verdict, holds an AV Preeminent rating from Martindale-Hubbell, and meets the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital (death penalty) cases, the preparation standard every case in the firm is built to. We have taken a sexual battery charge to trial and come back with a not guilty verdict on that count. Each case is unique. Past results do not guarantee future outcomes.

Here is where the work actually happens.

The Pre-File Window

The period between a report or an arrest and the State Attorney’s filing decision is the most important window in a sex crime case, and the one most often wasted. In Florida, an arrest does not file the charge. The State Attorney’s Office reviews the investigation and makes an independent decision about what to file, whether to file, and how many counts to bring.

Pre-file advocacy means putting evidence and context in front of the detective and the filing prosecutor before that decision is made. Depending on the case, that can include witness statements the detective never collected, digital records that establish a different timeline, medical or forensic material that undercuts the initial report, or documentation of a motive to fabricate.

The Brancato Law Firm has had multiple sex crime investigations close with no charges filed through pre-file work. Each case is unique. Past results do not guarantee future outcomes. What makes this window work is understanding how the filing decision is actually made inside a State Attorney’s Office, which is knowledge Rocky brought from running the largest criminal defense operation in Tampa Bay.

Once a charge is filed, the case takes on institutional momentum and everything gets harder. That is the honest reason we tell people not to wait.

Forensic and Digital Evidence

Sex crime prosecutions rest heavily on forensic and digital evidence, and that evidence is challengeable more often than people assume.

On the DNA side, section 943.326 requires a sexual assault kit to be submitted to the state lab within 30 days after law enforcement receives the evidence or the alleged victim requests testing, and requires the lab to complete testing within 120 days after submission. Those deadlines create a record, and the record can be checked. Beyond timing, the substance of a lab result can be examined: bench notes, raw electronic data, the analyst’s interpretation of the profile, and the statistical thresholds applied.

We handled a cold-hit sexual battery case built on an eight-year-old allegation and a CODIS match. Our team subpoenaed the lab’s bench notes, obtained the raw electronic DNA data, had an independent lab review it, and retained an expert geneticist who showed the state’s analyst had misread an allele at a critical locus. One of the state’s own experts agreed, and the prosecutor dismissed the case. Each case is unique. Past results do not guarantee future outcomes.

Medical evidence gets similar scrutiny. Findings from a Sexual Assault Nurse Examiner and conclusions from a Child Protection Team are often presented as neutral clinical fact when they involve interpretation, and interpretation can carry confirmation bias. Our articles on challenging SANE evidence and our forensic science defense work describe how those challenges are built. Cases involving allegations of harm to a child often run in parallel with our Tampa child abuse defense practice.

Evidence Rules That Apply Only in Sex Cases

Three rules change the shape of a sex crime trial compared to any other felony.

• The Williams Rule. Under section 90.404, when the charge is a sexual offense or child molestation, the state can introduce evidence of the defendant’s other sexual offenses or acts of molestation for its bearing on any relevant matter, which includes propensity. In most criminal cases, prior bad acts stay out. In sex cases, they frequently come in, and the pretrial fight over admissibility can decide the trial. See our guide to the Williams Rule.
  
• Child hearsay. Section 90.803(23) allows an out-of-court statement by a child under 18 describing abuse to be admitted if the court holds a reliability hearing and the child either testifies or is unavailable with corroborating evidence. That means a forensic interviewer or a nurse can relay what a child said. Our child hearsay article covers the reliability hearing.
  
• The rape shield law. Section 794.022 sharply limits evidence of an alleged victim’s prior sexual conduct, with narrow exceptions for establishing the source of semen or injury and for specific patterns proven at a pretrial hearing. Our rape shield guide explains where the exceptions actually apply.

The combined effect is that a consent defense has to be proven through direct evidence and cross-examination rather than through the alleged victim’s history. Our article on the consent defense covers how that is done.

Statements Made to Detectives

Statements the accused made to detectives deserve their own review. Sex crime interrogations are long, they often happen before an arrest when the person believes they are helping, and Florida recognizes an exception that allows a confession to support a conviction with limited independent corroboration. Our articles on false confessions and the confession without corpus exception explain why that combination is dangerous.

Interview technique matters here as much as the words on the transcript. Rocky is a former police academy instructor who taught officers criminal procedure and courtroom testimony, which shapes how we examine investigative technique and cross-examine the detective who ran the interview.

What to Do in the First 48 Hours

If you have been arrested, contacted by a detective, or told you are under investigation, the next two days matter more than any other two days in the case.

1. Stop talking to law enforcement. Say clearly that you are invoking your right to remain silent and your right to an attorney, then stop. Politeness does not require answering questions, and a detective telling you this is your chance to explain is not doing you a favor.
   
2. Do not contact the accuser or their family. Not to apologize, not to ask what happened, not through a friend. Contact can produce a new charge and it hands the state a recorded statement.
   
3. Preserve everything. Do not delete messages, photos, apps, or accounts, and do not reset a device. Deletion is recoverable, it is provable, and it creates a consciousness of guilt argument and potentially a separate charge. Preserve what exists instead.
   
4. Write down the timeline while it is fresh. Names, times, locations, who else was present, what devices were used. Give it to your attorney rather than to anyone else.
   
5. Call a defense attorney before charges are filed. The pre-file window is short and it does not reopen.
   

If contact with a detective has already happened, it is still worth getting counsel involved immediately. If you believe you may have messaged a minor online, our guide covers the steps to take right now.

Talk to a Tampa Sex Crimes Defense Attorney

Sex crime charges in Florida carry consequences that outlast any sentence, and the choices made in the first days of a case tend to shape everything that follows. If you or a family member has been arrested or contacted by a detective in Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm at (813) 727-7159 for a free and confidential consultation. We handle sex crimes defense from our downtown Tampa office two blocks from the Hillsborough County Courthouse, we give a straight answer about where a case stands, and we provide a clear flat-fee quote before you commit to anything.

Facing a statutory rape accusation in Florida can instantly derail your life. Whether the relationship felt mutual or involved a misunderstanding, Florida prosecutors take these charges seriously. You could face years in prison, lifetime sex offender registration, and irreparable damage to your future. If you’re under investigation or have already been charged, now is the time to retain an experienced Tampa statutory rape attorney who knows how to take control of the case early.

What the Law Says: Statutory Rape in Florida

Florida law sets the age of consent at 18. However, there is a “close-in-age” exception for persons under 24 who engage in consensual sexual activity with a 16 or 17 year old. If you’re 24 or older and engage in sexual activity with someone aged 16 or 17, you could face a second-degree felony under Florida Statute § 794.05. When the alleged victim is younger, prosecutors may charge more serious offenses under § 800.04 or § 794.011, which carry first-degree felony penalties.

Penalties include:

• Second-degree felony – Up to 15 years in prison
• First-degree felony – Up to 30 years in prison
• Sex offender registration – Mandatory in many cases and for certain first degree felony charges, sexual predator registration 

You can’t explain your way out of these charges. Consent doesn’t matter under this law. If you admit to the relationship, prosecutors may use that statement against you.

Police Use Strategic Deception—Don’t Fall for It

We’ve seen it countless times: Detectives call you in “just to talk” and downplay the seriousness. Then they say:

“We know it was consensual. We’re not saying you forced her.”

They want you to feel safe enough to admit to the relationship. Once you do, they can charge you with statutory rape—a strict liability offense where consent isn’t a defense. Even if the minor lied about their age or initiated the relationship, your words may be enough to land you in jail and on the registry.

That’s why you should never speak to police without legal counsel. At The Brancato Law Firm, P.A., we step in immediately to protect your rights, stop police manipulation, and control the flow of information.

Why Clients Choose Our Firm

Attorney Rocky Brancato has over 25 years of criminal trial experience, including more than 100 jury trials. He personally handles every sex crimes case. He built a reputation for mastering complex cases and dismantling weak prosecutions. Clients hire our firm because they want an experienced Tampa statutory rape attorney who doesn’t delegate their future to a junior associate.

What makes our firm different:

• Personal Representation – You deal directly with Rocky Brancato on all sex crimes.
• Strategic Privacy – We manage sensitive allegations with discretion.
• Tech-Savvy Defense – We work with forensic experts to analyze texts, timestamps, and digital records.
• Registration Mitigation – We fight aggressively to avoid or overturn sex offender status.
• Trial-Proven Results – Prosecutors know we’re not bluffing.

We’ve helped clients walk away from false allegations and harsh mandatory penalties. We build every defense as if it’s going to trial—even when we’re working behind the scenes to resolve it quietly.

Time Is Not on Your Side

Most statutory rape charges begin with interviews—not evidence. The sooner you get an attorney involved, the more options you keep open. In many cases, we’ve intervened early and prevented the State from filing charges altogether.

Every hour that passes without representation increases your risk. Don’t wait to see how things “play out.” By then, it might be too late.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Call an Experienced Tampa Statutory Rape Attorney Now

If you’ve been accused of unlawful sexual activity with a minor—or even think you’re under investigation—call (813) 727-7159 today. Attorney Rocky Brancato will review your case personally and help you understand your best path forward.

At The Brancato Law Firm, P.A., we defend clients across Tampa, Hillsborough, Pinellas, and Pasco counties. We protect your freedom, your reputation, and your future.

Helpful Resources:

• Florida Statute § 794.05 – Unlawful Sexual Activity with Certain Minors
• Sex Crimes Defense Overview

The Florida Romeo and Juliet Law provides a way to seek removal from the sex offender registry. It was designed to provide relief for individuals placed on the sex offender registry because of consensual teenage relationships, not predatory behavior. Codified under Florida Statute 943.04354, the law allows qualifying individuals to petition for removal—but only if doing so is not contrary to federal law.

Attorney Rocky Brancato, a Tampa Sex Crimes Defense Lawyer with over 25 years of experience in sex crimes defense, helps clients in Hillsborough, Pinellas, and Pasco counties prepare and argue Romeo and Juliet removal petitions with the thoroughness these cases demand.

What the Law Allows

The Romeo and Juliet Law recognizes that not all sex-related offenses involve coercion, exploitation, or violence. If your conviction stemmed from a consensual, close-in-age relationship, and you meet the specific statutory criteria, you may qualify to be removed from the registry.

To be eligible, the following conditions generally must be met:

• 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.
• The individual has no other disqualifying convictions.
• The registration requirement arises solely from this offense.

The Federal Law Requirement: “Not Contrary to Federal Law”

Even if you meet Florida’s eligibility standards, your petition will only be granted if it is not contrary to federal law. Federal law, under the Sex Offender Registration and Notification Act (SORNA), still mandates registration for some individuals, unless the underlying facts fit within a very narrow “consensual close-in-age” exception.

To satisfy federal compliance, the court must find that:

• The sexual activity was truly consensual;
• The victim was at least 13 years old;
• The offender was no more than four years older; and
• The conduct did not involve force, coercion, or abuse of authority.

This safeguard ensures that registry relief is only granted where the conduct aligns with both Florida and federal standards.

Why These Motions Require Strategic Preparation

A motion for removal under the Romeo and Juliet Law is not a simple check-the-box filing. Judges have discretion, and prosecutors often oppose these petitions. A well-prepared motion requires far more than citing the statute—it demands investigation, documentation, and narrative clarity.

A skilled attorney will:

• Communicate with the victim (if appropriate and permitted) to confirm their position and clarify the consensual nature of the relationship;
• Review the full history of the case, including early police reports, discovery, and plea negotiations; and
• Anticipate prosecutorial and judicial concerns, addressing them directly within the motion.

Sometimes, prosecutors and judges are looking for reasons to deny these motions, especially if the case file contains inconsistencies or unresolved factual disputes. To be forewarned is to be forearmed—and preparation is the difference between denial and relief.

Why Choose The Brancato Law Firm, P.A.?

Attorney Rocky Brancato personally handles each petition from start to finish. As a former sex crimes unit supervisor with over two decades of courtroom experience, he brings a level of insight and credibility that few lawyers can match.

His approach combines legal precision with strategic preparation:

• Comprehensive case review – Examining every report, transcript, and record for consistency and eligibility.
• Proactive communication – Coordinating with the victim’s position where appropriate to avoid surprises in court.
• Discretionary awareness – Framing the petition to anticipate judicial discretion and federal compliance.

This methodical preparation gives clients the strongest chance of success while avoiding costly re-filings or permanent denials.

The Petition Process under the Florida Romeo and Juliet Law for removal sex offender registry

1. File the Motion – In the circuit court where the conviction occurred or where you now reside.
2. Notify FDLE and the State Attorney – Both must be given at least 21 days’ notice before the hearing.
3. Present Evidence – Demonstrate compliance with state and federal criteria.
4. Attend Hearing – The court will determine whether granting relief conflicts with federal law.
5. Removal from Registry – If approved, FDLE will remove your information from the public registry.

While the registry entry is removed, the underlying criminal record remains public under Florida’s open-records laws.

Get the Experienced Help You Need

If your inclusion on the Florida Sex Offender Registry resulted from a consensual teenage relationship, you may qualify for relief—but success requires precision and preparation.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 to schedule a confidential consultation. Attorney Rocky Brancato will personally review your case, assess your eligibility, and craft a strategy tailored to both Florida and federal requirements.

Frequently Asked Questions

Can I be removed from the registry if the offense involved alcohol or coercion?

No. The Romeo and Juliet Law applies only to consensual acts. Any suggestion of coercion, even through alcohol, can disqualify you.

Why do judges deny some petitions even when eligibility appears clear?

Because removal is discretionary, not automatic. Judges may deny petitions based on factual ambiguities, lack of corroboration, or concerns about public safety.

Can I refile if my petition is denied?

No. Florida law allows only one petition under this statute, so it must be carefully prepared the first time.

Will I still have a criminal record if I’m removed from the registry?

Yes. Removal affects only the registry requirement, not the underlying conviction.