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What is the Age of Consent for Sex in Fort Walton Beach?

Posted on Wednesday, February 4th, 2015 at 11:39 pm    

At Flaherty Defense Firm, we have a lot of experience defending sexual offenses in Fort Walton Beach. One of the questions we get the most often is about the age of consent.

The age of consent is the age that someone must be before they can legally consent to sex. In other words, if someone is below the age of consent, it doesn’t matter if they willingly engage in sexual behavior. The law is in place to protect young people from being taken advantage of before they are old enough to make the decision for themselves.

If you plan on having sex with someone, you better be sure they are over the age of consent because if they aren’t, you are in a lot of trouble. The police in Fort Walton Beach will coordinate with the Children’s Advocacy Center and their #1 goal will be to send you to prison.

One reason the age of consent issue in Florida is so confusing is because there are really 2 different ages of consent, depending on the charge and also on the age of the suspect.

Lewd or Lascivious Crimes In Fort Walton Beach

Lewd or Lascivious (L & L) crimes include the following:

  • Lewd or Lascivious Molestation
  • Lewd or Lascivious Battery
  • Lewd or Lascivious Conduct
  • Lewd or Lascivious Exhibition

All of these charges involve sexual contact or activity with, or in the presence of, a person who is less than 16 years old.

In Lewd or Lascivious cases, the age of consent appears to be 16 then right? This is where the law gets confusing. The L & L statutes all seem to suggest that the age of consent if 16 years old. And it is, for L & L crimes.

Does that mean you can engage in sexual activity with a 16 year old? Not if you are 24 years old or older.

Unlawful Sexual Activity With Certain Minors

This charge can be found in Florida Statute 794.05. It states that you are guilty of Unlawful Sexual Activity With Certain Minors if you have sex with a 16 or 17 year old if you are 24 or older.

Does this all seem confusing?

The two charges make it clear there are two ages of consent. If you are less than 24 years old, you may lawfully have consensual sex with a 16 or 17 year old. If you are 24 or older, you may not legally have sex, whether consensual or not, with anyone under 18 years old.

Are you facing a sex crime accusation in Fort Walton Beach?

As I said earlier, the police and the sex crime prosecutors are already building their case against you. If they have you in their sights, they will be relentless in going after you. You need a team on your side who will be dedicated to fighting for your freedom.

If you are being accused in Fort Walton Beach of a Lewd or Lascivious crime, or Unlawful Sexual Activity With Certain Minors, or any other sexually related offense, it is time to fight back. Call Flaherty Defense Firm at (850) 243-6097 for a free, confidential consultation.


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