The phone rings in the middle of the night. Your teenage son is calling from the police station. Through tears, he explains that he's been arrested for sexual battery. His 15-year-old girlfriend's parents found out about their relationship and pressed charges. Now, at just 18 years old, he's facing not only potential prison time but also the devastating prospect of lifetime sex offender registration.
Our Destin sex crimes attorney helps young people and their families understand their legal options when facing these troubling charges. Florida's "Romeo and Juliet" law may provide protection from some of the most severe consequences in certain situations.
What Is Florida's Romeo and Juliet Law?
Florida's Romeo and Juliet law creates a path for qualifying individuals to petition for removal from sex offender registration requirements. Florida Statute 943.04354 doesn't eliminate criminal charges or prevent prosecution, but it can spare a young person from the devastating lifelong stigma of being labeled a sex offender.
The law allows certain individuals to petition the court for removal from Florida's sex offender registry if they meet specific criteria:
- The victim was between the ages of 13 and 17 at the time of the offense.
- The offender is no more than four years older than the victim.
- The sexual activity must have been consensual.
- The person must have been required to register solely for certain qualifying offenses.
- A court must find that the individual meets all requirements and doesn't pose a public safety risk.
Common Misconceptions About the Romeo and Juliet Law
Many young people and their families misunderstand key aspects of this legal provision, which can lead to dangerous assumptions.
It's Not a Defense to Criminal Charges
The Romeo and Juliet law only addresses sex offender registration. It does not prevent criminal charges or potential jail time. A 19-year-old who had a sexual relationship with a 16-year-old could still face second-degree felony charges for lewd and lascivious battery, punishable by up to 15 years in prison and a $10,000 fine, regardless of consent.
It Doesn't Apply Automatically
Relief is not automatic. Eligible individuals must petition the court and attend a hearing where a judge determines if they qualify for removal from the sex offender registry. This process requires proper legal documentation and court appearances.
It Doesn't Change Age of Consent Laws
The Romeo and Juliet law doesn't change Florida's age of consent, which remains 18 years old in most circumstances. Sexual activity with a minor under 18 may still violate Florida law, even if both parties consent.
Real-World Applications of Florida's Romeo and Juliet Law
The Romeo and Juliet law in Florida applies in several different scenarios.
High School Relationships
Consider this hypothetical relationship. Mike and Sarah began dating when Mike was 16 and Sarah was 15. Their relationship continued after Mike turned 18, while Sarah remained 16. If reported to police, Mike could face criminal charges for lewd and lascivious battery.
If convicted, Mike would qualify for Romeo and Juliet protection because Sarah was between 13 and 17 years of age, Mike was less than 4 years older than Sarah, and the relationship was consensual. While Mike might still face penalties for the criminal conviction, he could petition to avoid sex offender registration.
College Student and High School Student
Now imagine Jason, a 19-year-old college freshman, who meets Amber, a 16-year-old high school junior, at a mutual friend's party. They begin dating and eventually have a sexual relationship. If discovered, Jason could be charged with lewd and lascivious battery, a sex crime under Florida law.
The Romeo and Juliet provision could potentially save Jason from sex offender registration because the age difference is only three years, and Amber is over 13. However, Jason could still face felony charges that could result in prison time, probation, and a permanent criminal record.
When the Law Doesn't Apply
Say 21-year-old Thomas starts dating 16-year-old Emma. Even if their relationship is consensual, Thomas does not qualify for Romeo and Juliet protection because he is more than four years older than Emma. If convicted, Thomas would face not only criminal penalties but also mandatory sex offender registration with no relief available under Florida’s Romeo and Juliet law.
How a Destin Sex Crimes Lawyer Can Help
If you or your child is facing criminal charges that might fall under the Romeo and Juliet law's provisions, working with an experienced Destin sex crimes attorney is essential for several reasons.
Early Intervention Makes a Difference
A sex crimes defense attorney can intervene early in the process, sometimes even before formal charges are filed. This early action might include gathering and preserving evidence of the consensual nature of the relationship, including text messages, social media communications, and witness statements. This information proves crucial both for the criminal case and for any future Romeo and Juliet petition.
Defending Against Criminal Charges
The primary goal remains defending against the underlying criminal charges. Your Florida sex crimes defense lawyer will scrutinize the evidence and work to exclude anything obtained improperly. For example, if law enforcement searched a phone without proper warrants, that evidence might be suppressible. Depending on the specific circumstances, various defense strategies might apply beyond the Romeo and Juliet provisions. Your attorney will identify and implement the most effective approach for your situation.
Filing the Romeo and Juliet Petition
If a conviction occurs, your attorney will handle the petition process for Romeo and Juliet relief. The petition must include specific information about the conviction, verification of ages, and evidence that the relationship was consensual.
During the court hearing, your lawyer will then present arguments about why you qualify for relief under the statute and address any concerns raised by the judge or prosecutor.
