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 your child is facing a sex charge in Hillsborough County juvenile court, the first question is usually whether the case can end without registration. I’m the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I handled sex crimes and child abuse cases in the Major Crimes Unit during more than 25 years in Hillsborough County courtrooms. Our attorneys negotiate Rehabilitation Plans when they are available and work with therapists, probation officers, and the court to help children complete them.

What is a Rehabilitation Plan?

A Rehabilitation Plan is an agreement between the defense, the State, and the court in a juvenile sex case. The child enters a plea of guilty or no contest, but the plea is held in abeyance, meaning the court does not act on it, while the child completes treatment and follows strict conditions.

This all-or-nothing structure is why the plea terms, the treatment provider, and the conditions need careful attention from the start. Our Tampa sex crimes defense attorney page explains how our firm approaches sex charges at every stage.

How long does a Rehabilitation Plan last?

Most Rehabilitation Plans last 9 to 12 months in practice, but they have no fixed end date. A plan ends only when treatment is complete and the supervising therapist confirms progress, so the therapist’s evaluation carries great weight. Florida law lets the juvenile court keep jurisdiction over a juvenile sexual offender placed in a community-based treatment program until age 21, specifically so the child can finish the program, under section 985.0301, Florida Statutes.

What conditions come with a Rehabilitation Plan?

The conditions vary with the case, but they usually include:

• Active participation in sex-offender-specific counseling and treatment
• No contact with the alleged victim or other vulnerable people
• Restrictions on internet use, pornography, and social media
• Random device checks by probation officers
• Community service or restitution in some cases
• Curfews and school or work requirements

Every plan is tailored to the child and the allegations. Treatment research gives families a reason for hope: a 2010 meta-analysis of 63 studies covering 11,219 juveniles who committed sexual offenses found a weighted mean sexual recidivism rate of 7 percent over an average follow-up of 59 months, according to the U.S. Department of Justice SMART Office’s Sex Offender Management Assessment and Planning Initiative. The same report states that most juveniles do not go on to commit future sexual offenses.

How does a Rehabilitation Plan help avoid sex offender registration?

A Rehabilitation Plan helps because registration for juveniles depends on an adjudication of delinquency, and a completed plan ends in dismissal instead. Under section 943.0435, Florida Statutes, a juvenile must register as a sexual offender if adjudicated delinquent for certain offenses committed when he or she was 14 or older, and the court must make a written finding of the child’s age at the time of the offense.

Registration brings lasting restrictions on housing, work, school, and family life. Completing the plan avoids the adjudication, so registration is avoided. If the plan is violated and the child is adjudicated on a qualifying offense, registration can still apply. Our post on sexual offender and predator designation explains what registration involves.

Can the record be expunged after a Rehabilitation Plan?

Sometimes. Like other diversion outcomes, a completed plan can open the door to juvenile expungement, which removes the record from public view. Some sex offenses are not eligible for expunction under Florida law even after a successful plan, so eligibility depends on the offense and must be reviewed before applying. Our post on juvenile expungement in Florida walks through the process.

Why does experienced counsel matter in a Rehabilitation Plan case?

Experienced counsel matters because a Rehabilitation Plan is treatment-focused, open-ended, and closely monitored, and one violation can lead to sentencing. Availability depends on the charge, the child’s age, and the facts, and the plan is negotiated with the State Attorney’s Office in the 13th Judicial Circuit. Our Hillsborough County criminal defense attorneys practice two blocks from the courthouse and know how these plans are structured locally.

When a child is under investigation and has not yet been charged, our attorneys can step in early through representation before charges are filed, before statements are made or a petition is filed.

Frequently asked questions

How long does a Hillsborough County Rehabilitation Plan usually take?

Most plans last 9 to 12 months, but they stay open until treatment is complete. The Brancato Law Firm stays in contact with the treating therapist so the court has the progress reports it needs to close the plan.

Who decides when a Rehabilitation Plan ends?

The court ends the plan, and it usually will not do so without the treating therapist’s recommendation. Our attorneys at The Brancato Law Firm present that recommendation to the court and ask for dismissal once treatment is done.

What happens if my child violates a Rehabilitation Plan?

The court can enter the plea held in abeyance, adjudicate the child delinquent, and impose a sentence. The Brancato Law Firm defends violation allegations and works to keep the plan in place when a violation is minor, as described on our Tampa sex crimes lawyer page.

Does a Rehabilitation Plan guarantee my child will not have to register?

No. Registration is avoided only if the plan is completed, and a violation followed by an adjudication on a qualifying offense can still require registration under section 943.0435. Our attorneys at The Brancato Law Firm review the registration rules for the specific charge before any plea is entered.

Is every juvenile eligible for a Rehabilitation Plan?

No. Eligibility depends on the charges, the child’s age, and the circumstances, and the State must agree. The Brancato Law Firm builds the case for a plan with treatment evaluations and school and family records, and our juvenile expungement guide covers what can happen to the record afterward.

Talk to our attorneys about a Rehabilitation Plan

What your family does in the first weeks after a juvenile sex charge often decides whether a Rehabilitation Plan is still on the table. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour for a confidential consultation; 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. 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.

A Florida prosecutor charging a lewd exhibition case has always had to answer one question first: did the child see or sense what happened? As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former Major Crimes Unit attorney who handled homicide, sex crime, and child abuse cases, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have tried cases where that question decided everything. On October 1, 2026, the Legislature took that question away for a new category of cases, and our attorneys are already adjusting how we defend them.

This guide covers what the new law prohibits, the 1992 Florida Supreme Court decision behind it, how the bill changed in committee, what it means for plea negotiations and registration, and how these charges are defended.

What Does Florida’s New Section 800.035 Prohibit?

Section 800.035, Florida Statutes, creates the crime of “indecent exposure of sexual organs while observing a child.” A person commits it if, while observing a child under 16 for the purpose of his or her own sexual arousal or gratification, the person does either of two things:

• Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
• Intentionally performs any sexual act that does not involve physical or sexual contact with the child, including masturbation, sadomasochistic abuse, sexual bestiality, or simulated sexual activity.

The statute defines “observing” as “intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.” It then adds the key sentence: it is not a defense that the child “was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.”

The offense is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Two exceptions apply: a mother breastfeeding her baby, and a person who is merely nude in a place set apart for nudity. The law was passed as CS/CS/HB 1525, signed on June 16, 2026, and published as chapter 2026-159, Laws of Florida.

Why Did Florida Create This Law?

Florida created section 800.035 to reach conduct that the existing lewd exhibition statute could not. Lewd or lascivious exhibition under section 800.04(7) requires the act to happen “in the presence of” a child under 16. The Florida Supreme Court has read that phrase to require proof that the child actually perceived the act.

That rule comes from State v. Werner, 609 So. 2d 585 (Fla. 1992). Martin Werner of Broward County took his 13-month-old daughter into a locked bathroom for half an hour and later told his wife he had been masturbating while caring for the child. A jury convicted him, but the appeals court reversed because the State had not proved the baby was aware of the act. The Supreme Court agreed, holding that “the child must see or sense that a lewd or lascivious act is taking place for a violation to occur,” even if the child cannot understand or describe it.

For more than 30 years, Werner gave the defense a factual question to fight in every exhibition case: was the child asleep, facing away, or too far away to notice? Supporters of HB 1525 targeted exactly that. Representative Doug Bankson, the House sponsor, told CBS12 that the bill was partly prompted by an incident in his district and that the conduct can “scar a child for life.” Former Palm Beach County State Attorney Dave Aronberg told the station the conduct can escalate if it goes unpunished.

The new crime does not overrule Werner for section 800.04(7). A prosecutor charging the more serious second-degree felony still has to prove the child perceived the act. Section 800.035 is a separate, lower-level crime built for the cases Werner screened out.

How Did HB 1525 Change in the Legislature?

The bill changed shape twice before it passed, and it passed without a single “no” vote. Representative Doug Bankson sponsored the House bill with Representative Yarkosky. The Senate companion, SB 1742, was sponsored by Senator Jonathan Martin.

The first Senate committee substitute created a felony for lewd acts “while viewing” a child and repealed section 800.02. The second Senate substitute renamed the crime “indecent exposure of sexual organs while observing a child,” replaced “viewing” with the narrower defined term “observing,” and added the sentence that a child’s lack of awareness is no defense. The House Judiciary Committee adopted the same name and repealed section 800.02 in its version.

Vote tallies come from the official bill history and the Senate and House staff analyses. The Criminal Justice Impact Conference, the Legislature’s prison forecasting group, estimated a “positive indeterminate” effect on prison beds, meaning more prison admissions in a number it could not predict.

How Common Are These Charges in Florida?

Lewd exhibition charges are a small but steady part of Florida’s sex crime caseload. According to the Senate Fiscal Policy Committee’s analysis of SB 1742, which relied on Florida Department of Law Enforcement and Department of Corrections data compiled by the Office of Economic and Demographic Research, Florida recorded these numbers in fiscal year 2024-25:

The same analysis reports 34 new prison commitments for lewd exhibition offenses in that year, and a 9.7% incarceration rate for a Level 1 third-degree felony, the level the new crime is expected to score at. In plain terms, most people convicted of a Level 1 felony in Florida are not sent to state prison, but a felony conviction on a sex offense still follows them for life.

Does the New Crime Require Sex Offender Registration?

No. Section 800.035 is not on the list of registrable offenses in section 943.0435, Florida’s sexual offender registration statute. Section 800.04 is on that list, so a conviction for lewd or lascivious exhibition under section 800.04(7) requires lifetime registration, while a conviction under section 800.035 does not.

The new offense is also not on the list of crimes that trigger the mandatory sex offender probation conditions in section 948.30, such as curfews, residence restrictions, and no unsupervised contact with minors. A judge can still impose special conditions that relate to the offense, but they are not automatic.

In our view, that gap makes section 800.035 a significant new plea option. Before October 1, 2026, a defendant facing a lewd exhibition charge often had to choose between trial and a plea that carried registration. Now there is a felony that addresses the same conduct without registration. Whether prosecutors at the Hillsborough County State Attorney’s Office will offer it in a given case depends on the facts, but our attorneys will ask for it whenever the evidence of the child’s awareness is weak.

What Happened to Section 800.02?

HB 1525 repealed section 800.02, Florida’s “unnatural and lascivious act” law, effective October 1, 2026. That statute made it a second-degree misdemeanor, punishable by up to 60 days in jail, to commit an unnatural and lascivious act with another person. Florida courts treated it as a lesser included offense of lewd or lascivious charges under section 800.04, which meant a jury could return it as a compromise verdict.

In our experience, prosecutors almost never filed section 800.02 as a charge. Its real value was at trial. Because it was a lesser included offense with a name that sounds nearly as bad as lewd or lascivious, a jury looking for a compromise could choose it without knowing it was a non-sex misdemeanor with no registration requirement. For defense attorneys trying certain lewd or lascivious cases, it was a hidden gem, and its repeal takes that compromise verdict off the table for conduct on or after October 1, 2026.

The repeal removes that misdemeanor option for conduct on or after October 1, 2026. The Legislature’s fiscal analysts predicted the change could push more cases toward the more serious lewd or lascivious offenses. Charges for conduct before October 1, 2026 are not wiped out, because Article X, section 9 of the Florida Constitution provides that repealing a criminal statute does not affect prosecution or punishment for a crime already committed.

How Do You Fight an Indecent Exposure While Observing a Child Charge?

The State must prove intent, purpose, observation, and age beyond a reasonable doubt, and each element gives the defense room to work. Our Tampa sex crimes lawyer team focuses on these issues:

1. Purpose of sexual gratification. The State must prove the person was observing the child “for the purpose of his or her own sexual arousal or gratification.” Changing clothes, urinating, or being nude at home is not this crime without that purpose. Purpose is usually proved with circumstantial evidence, and circumstantial evidence can be challenged.
2. Observation. The person must have intentionally viewed the child under circumstances where the person was “reasonably capable of being seen” by the child. Distance, lighting, window tint, blinds, and sight lines matter. Our attorneys visit and photograph the scene.
3. Lewd or lascivious exposure. Nudity alone is not enough. The statute requires intentional exposure “in a lewd or lascivious manner,” and the State must prove both the intent and the lewd character of the exposure.
4. Age of the child. The child must be under 16. That element requires proof, usually through records or testimony.
5. Identity. Many of these cases begin with a neighbor’s report or a home security camera. Video quality, time stamps, and the reliability of an identification are all open to challenge.
6. Date of the conduct. Section 800.035 applies only to conduct on or after October 1, 2026. Earlier conduct must be charged under the laws in effect at the time.

These cases often start with an investigation before any arrest. If a detective has called you or a neighbor has made an accusation, representation before charges are filed gives our attorneys a chance to present context to the State Attorney’s Office before a filing decision.

Does Exposure Lead to Hands-On Offending?

Supporters of the law argued that non-contact offending can escalate, and research gives that argument partial support. In a long-term study published in the Journal of the American Academy of Psychiatry and the Law in 2006, Philip Firestone and colleagues followed 208 men assessed for exhibitionism at an Ottawa clinic for an average of 13 years. During follow-up, 23.6% were charged with or convicted of a new sexual offense, and 19 of the 49 men who reoffended sexually committed a hands-on offense.

The same study found that most men in the sample were not charged with a new sexual offense, and the strongest predictors of reoffending were measurable risk factors. That is why a professional psychosexual evaluation is often central to mitigation in these cases. Our attorneys at The Brancato Law Firm use qualified evaluators to give prosecutors and judges an individual risk picture rather than a general assumption.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is it a crime in Florida if the child never saw anything?

Yes, under section 800.035, as long as the State proves the other elements, including that the person was observing the child for sexual gratification and could reasonably have been seen. The Brancato Law Firm focuses on the observation and purpose elements in these cases, because the child’s awareness is no longer a defense to this charge.

Do I have to register as a sex offender for a section 800.035 conviction?

No. Section 800.035 is not listed in section 943.0435, so a conviction does not trigger sexual offender registration, though other consequences of a felony conviction still apply. Our attorneys at The Brancato Law Firm explain the full collateral picture before any plea, and our guide to sex offender registration in Florida covers which offenses do require it.

Can a lewd exhibition charge be reduced to the new offense?

It can, if the prosecutor agrees and the facts support it, because section 800.035 covers similar conduct at a lower degree and without registration. The Brancato Law Firm raises that option in negotiations when the evidence that the child perceived the act is weak, as described in our guide on how to fight a lewd and lascivious charge.

Is being naked in my own home illegal under the new law?

No, not by itself. The State must prove intentional lewd exposure or a sexual act while observing a child for sexual gratification, under circumstances where the child could reasonably see you. Our attorneys at The Brancato Law Firm look closely at cases built on a single moment seen through a window, because context is often the whole defense.

What is the penalty for indecent exposure in front of an adult in Florida?

Exposure of sexual organs under section 800.03 is a first-degree misdemeanor for a first offense, punishable by up to one year in jail, and a third-degree felony for a second or later offense. The Brancato Law Firm defends exposure charges in Hillsborough, Pinellas, and Pasco Counties, and our sex crimes defense attorneys review whether the conduct was actually lewd.

What happens to pending section 800.02 cases?

They continue. The Florida Constitution provides that repealing a criminal statute does not affect prosecution for crimes already committed, so conduct before October 1, 2026 is still governed by the law in effect at the time. In a lewd or lascivious trial for conduct before that date, our attorneys at The Brancato Law Firm will ask for the section 800.02 lesser included instruction, because it gives the jury a non-sex misdemeanor option.

Talk to a Tampa Sex Crimes Defense Lawyer Today

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

What you say to a detective in the first days of an exposure investigation can become the State’s proof of purpose. Before you answer questions, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the allegation, the scene, and any video, and we will advise you on whether to speak at all. Call us at any hour; 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 and Haitian Creole speakers facing criminal charges.

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.

A Florida jury can convict on a lewd and lascivious charge with no physical evidence at all, because section 794.022(1), Florida Statutes says the child’s testimony “need not be corroborated.” I learned how these cases are built, and where they break, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend lewd and lascivious charges across Hillsborough, Pinellas, and Pasco Counties, from the first call from a detective through trial and, when needed, after conviction.

What are the four lewd and lascivious offenses in Florida?

Section 800.04, Florida Statutes creates four separate crimes, and each one requires that the alleged victim was under 16. The statute has not been amended since 2022.

Choosing the right category matters because the penalties differ sharply. A touch the State calls molestation may legally be conduct, and a case charged as battery may lack proof of “sexual activity” as the statute defines it. Our Tampa sex crimes lawyer team at The Brancato Law Firm checks the charging document against the evidence before anything else.

What are the penalties for a lewd and lascivious charge in Florida?

The penalty turns on the ages of the accused and the child, and on any prior record. Maximum terms come from section 775.082, Florida Statutes.

The most serious tier carries a mandatory minimum. For lewd molestation of a child under 12 by an adult, committed on or after September 1, 2005, section 775.082(3)(a)4.a. requires either life or “a split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life.” In Rochester v. State, 140 So. 3d 973 (Fla. 2014), the Florida Supreme Court held that “the trial court does not have the discretion to impose a sentence below the twenty-five year minimum.” A second such conviction for an offense on or after July 1, 2008 requires life.

The child’s age is often the whole case. In Lincoln v. State, No. 6D2023-0235 (Fla. 6th DCA Dec. 30, 2024), a Highlands County defendant received a life sentence, but the jury had been instructed on and found only the 12-to-15 offense, and the evidence showed the child had turned 12. The court held that “[t]he sole distinction” between the life felony and the second-degree felony “is the age of the victim,” and ordered resentencing on the lower offense. Our attorneys at The Brancato Law Firm pin down the child’s age on every date the State alleges.

Are consent or a mistaken belief about age defenses?

No. 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.” Section 800.04(3) adds that “[t]he 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.”

That rule surprises many people charged after a relationship with a 14- or 15-year-old who claimed to be older. A fake ID or a dating-app profile does not change the charge. The statute does carve out one act: “A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.”

What changed in Florida’s lewd and lascivious laws in 2026?

Florida repealed its misdemeanor “unnatural and lascivious act” law, section 800.02, effective October 1, 2026, and created a new felony for indecent exposure while observing a child. Both changes came from chapter 2026-159, Laws of Florida, approved June 16, 2026. Some websites still describe section 800.02 as current law; it no longer applies to conduct on or after October 1, 2026.

The new section 800.035, Florida Statutes, “Indecent exposure of sexual organs while observing a child,” is a third-degree felony. It covers a person who, while observing a child under 16 for sexual gratification, intentionally exposes his or her sexual organs in a lewd or lascivious manner or performs a non-contact sexual act. “Observing” means intentionally viewing a person who can reasonably see the offender, and it is not a defense that the child was unaware or did not see. Breastfeeding mothers and nudity in a place set apart for it are excluded.

Exhibition over the internet is a different crime. Section 800.04(7) does not mention electronic devices. Live exhibition “over a computer online service, Internet service, or local bulletin board service” to a child under 16 is charged under section 847.0135(5), Florida Statutes, a second-degree felony for an adult and a third-degree felony for a person under 18.

How does the State use other accusations against the accused?

In a child molestation case, the State can ask to introduce evidence that the accused molested other children. Section 90.404(2)(b), Florida Statutes provides that this evidence “is admissible and may be considered for its bearing on any matter to which it is relevant.” The State must give notice no fewer than 10 days before trial.

The limits come from McLean v. State, 934 So. 2d 1248 (Fla. 2006), a case that began in the Second District. The Florida Supreme Court upheld the statute but required the trial judge to “find that the prior acts were proved by clear and convincing evidence” and then weigh “(1) the similarity of the prior acts to the act charged regarding the location of where the acts occurred, the age and gender of the victims, and the manner in which the acts were committed; (2) the closeness in time of the prior acts to the act charged; (3) the frequency of the prior acts; and (4) the presence or lack of intervening circumstances.” The evidence must not “become a feature of trial,” and the jury receives a cautionary instruction on request.

Those findings are where the fight happens. In State v. Riggleman, 397 So. 3d 1152 (Fla. 2d DCA 2024), a Sarasota County case, the Second District quashed an order excluding collateral-act evidence because the trial court had not made the required relevance and McLean findings. Our attorneys at The Brancato Law Firm build the record on each McLean factor so an exclusion holds up. Our post on the Williams rule in sex crimes cases explains these motions in more depth.

How are a child’s interviews and statements used at trial?

Most lewd and lascivious cases rest on the child’s recorded forensic interview, the child’s trial testimony, and adults who repeat what the child told them. Each piece can be tested. Our post on child hearsay in Tampa sex cases explains when a child’s out-of-court statements may be admitted.

The State must still prove each count, including where, when, and how old the child was. In Crenshaw v. State, No. 5D2023-3159 (Fla. 5th DCA Sept. 19, 2025), a Putnam County case, the court ordered a judgment of acquittal on one molestation count because the child never testified to that touching in Putnam County and the child hearsay witnesses “acknowledged that the victim provided no timeline or dates.” Another count was affirmed only because the defense had not preserved its objection. Our attorneys move for acquittal count by count, on every element.

Confessions get special treatment in these cases. Section 92.565, Florida Statutes lets the State use a confession without independent proof of each element when, among other factors, the child was under 12. The judge must first hold a hearing, find the confession “trustworthy” with corroboration shown by a preponderance of the evidence, and “make specific findings of fact, on the record.”

Is there a statute of limitations for lewd and lascivious charges?

For lewd battery and lewd molestation of a child under 16, there is usually no time limit. Section 775.15(18), Florida Statutes allows prosecution “at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim.”

Lewd conduct and lewd exhibition are not covered by subsection (18). For those charges, subsection (13)(a) delays the clock until the child turns 18 or the offense is reported to law enforcement or another government agency, whichever comes first, and the ordinary felony periods then apply. Subsection (16) extends the time when the accused is identified through DNA, as long as preserved evidence is available for the defense to test.

What happens after a lewd and lascivious conviction in Florida?

A conviction under section 800.04 requires registration as a sexual offender, and the most serious versions make the person a sexual predator on a single conviction. Under section 943.0435, Florida Statutes, a registrant must report in person to the sheriff within 48 hours after establishing a residence, release, or conviction. The 25-year removal petition is not available for adult convictions under section 800.04(5)(b) and for certain lewd battery and molestation convictions. Under section 775.21, Florida Statutes, a “capital, life, or first degree felony violation” of section 800.04 triggers the sexual predator designation.

The registry is large. As of October 2024, Florida’s sex offender registry listed 86,207 people, including 16,246 sexual predators, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11. The same report counted 1,999 registrants living in Hillsborough County communities in October 2024, up from 1,969 in 2021.

Research on re-offense cuts both ways. The Bureau of Justice Statistics study Recidivism of Sex Offenders Released from State Prison: A 9-Year Follow-Up (2005-14) (2019) found that 7.7% of released sex offenders were arrested for rape or sexual assault within nine years, compared with 2.3% of other released prisoners, while about 67% were arrested for any crime, compared with 84% of other released prisoners. Our posts on sex offender registration in Florida and getting off the Florida sex offender registry explain the duties and the limited ways out.

How do our attorneys fight a lewd and lascivious charge?

Our attorneys fight these charges by testing the account, the dates, and the ages the State must prove, and by excluding evidence the law does not allow. The approaches that most often matter:

1. The origin of the accusation. We examine when and how the allegation first came out, including divorce and custody disputes, family conflict, and who spoke to the child before the forensic interview.
2. Interview quality. We review the recorded interview for leading questions and for details that came from adults.
3. Physical and digital facts. Home layouts, schedules, school records, and social media can show an act could not have happened as described.
4. Ages and dates. We hold the State to proof of the child’s age and the date range on every count, as Lincoln and Crenshaw show.
5. Collateral evidence. We oppose other-act evidence under McLean and demand a section 92.565 hearing on any confession.
6. Sentencing exposure. When the facts support it, we push to move a case out of the life-felony tier, which is the only one with the 25-year minimum.

For sexual battery charges, which carry their own penalties and defenses, see our guide on how to fight a sexual battery charge in Florida.

Real results in lewd and lascivious cases

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

What should you do if you are accused or under investigation?

Do not talk to the detective, the child, or the family about the allegation, and call a defense lawyer first. Detectives often try to interview the accused before an arrest, and a statement explaining “what really happened” often becomes the State’s best evidence. Save texts, calendars, and records that show where you were on the dates in question.

Early counsel can change the outcome. Our pre-file advocacy can include presenting evidence to the State Attorney’s Office for the 13th Judicial Circuit before it files the charging information. 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.

Frequently Asked Questions About Lewd and Lascivious Charges in Florida

Can lewd and lascivious charges be dropped in Florida?

Yes, when the evidence shows the account is unreliable, the dates or ages cannot be proven, or DNA excludes the accused. The Brancato Law Firm has had lewd and lascivious accusations dismissed after an accuser’s social media contradicted the story and after DNA excluded our client.

Is lewd molestation always a life felony in Florida?

No, it is a life felony only when the accused is 18 or older and the child is under 12. The Brancato Law Firm checks the child’s age on each alleged date, because in Lincoln v. State a life sentence was reversed when the jury had found only the 12-to-15 offense.

Can a judge go below 25 years for lewd molestation of a child under 12?

No, under Rochester v. State (Fla. 2014) the judge has no discretion to go below the 25-year minimum for an adult convicted under section 800.04(5)(b). Our attorneys at The Brancato Law Firm focus on whether the charge belongs in that tier at all, as explained on our sex crimes defense page.

Is touching over clothing lewd and lascivious in Florida?

It can be, because the molestation statute covers touching of “the clothing covering” the listed body parts in a lewd or lascivious manner. The Brancato Law Firm challenges the intent element, which the State must prove from the circumstances, and whether an accidental or innocent touch is being recast.

What happened to Florida’s unnatural and lascivious act law?

Section 800.02 was repealed effective October 1, 2026 by chapter 2026-159, which also created the new felony in section 800.035. Our attorneys at The Brancato Law Firm check the date of the alleged conduct against that effective date; you can read the new law in section 800.035.

Should I talk to police if I am accused of lewd and lascivious conduct?

No, not without a lawyer present. The Brancato Law Firm can speak with the detective for you and pursue representation before charges are filed.

Protect your future before the State builds its case

A lewd and lascivious investigation often moves quietly for weeks before an arrest, and that time is the best chance to shape the outcome. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle contact with detectives, preserve the records that matter, and start testing the accusation 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