Your teenager made a mistake two years ago. Or, maybe they didn't, and someone made a false accusation. Either way, you thought it was behind you. No police showed up. No charges were filed. Then, a detective calls out of the blue, asking questions about something that happened when your child was 15. Can they still file criminal charges?
The answer is yes, and the timeline is much longer than you might think. Florida has specific rules about how long prosecutors have to file sex crime charges when minors are involved. If you're worried about potential charges against your child, talking to an Okaloosa County juvenile defense lawyer now, before formal charges appear, could protect their future.
Florida's Sex Crime Statutes of Limitations
A statute of limitations sets a deadline for when the government can file criminal charges. Under Florida Statute § 775.15, these deadlines vary significantly based on the offense type and the age of the alleged victim.
Capital and Life Felonies
For the most serious sex crimes, like sexual battery on a victim under 12 by someone 18 or older, Florida law has never had a statute of limitations. Prosecutors can file charges decades later.
How Donna's Law Changed the Rules
In 2020, Florida passed "Donna's Law," which fundamentally changed certain juvenile sex crime deadlines for possible prosecution. This law applies retroactively, but only to cases where the statute of limitations had not already expired as of July 1, 2020. It does not revive dead cases.
Donna's Law eliminated the statute of limitations for qualifying sexual battery offenses under Florida Statute § 794.011 when the victim is under 18. For example, sexual battery without physical force, a second-degree felony, is now covered by Donna's Law when the victim is under 18. This means charges for these sexual battery crimes can be filed at any time; there is no deadline.
However, Donna's Law does not apply to all sex crimes involving minors. Other offenses, such as lewd and lascivious offenses, follow different limitation rules.
When the Clock Starts for Crimes Against Minors
For certain offenses where the alleged victim is under 18, the statute of limitations doesn't begin until their 18th birthday. This rule applies only to those enumerated offenses, and Donna's Law supersedes it for covered sexual battery offenses.
For example, most lewd and lascivious offenses must be prosecuted within three years after the victim turns 18. Second-degree felonies like molestation also follow this three-year rule. Some third-degree offenses may have different timelines. Sexual battery offenses covered by Donna's Law have no limitation period at all.
Other Crimes Have Different Timelines
Not all sex crimes involving minors follow these extended rules. Computer-related sex crimes, solicitation offenses, and other charges may have different limitation periods. The specific statute matters tremendously.
What This Means When Your Child Is Accused of a Sex Crime
Parents often assume no immediate arrest means they're in the clear. That assumption can prove dangerously wrong.
Investigations Take Time
Law enforcement might build a case quietly for years. They interview witnesses, collect digital evidence, and wait for the alleged victim to cooperate. Your child could be under investigation without your knowledge.
The Statute Can Pause
If your child leaves Florida, the statute of limitations pauses. Time spent outside the state doesn't count toward the limitation period. Moving away provides no protection.
Transfer to Adult Court Doesn't Change Timing
Prosecutors can "direct file" juveniles age 14 or older as adults for certain enumerated serious felonies. While transfer to adult court dramatically increases potential penalties, it does not change when the state must file charges. The statute of limitations remains the same.
Common Scenarios Where Timing Matters
Understanding how limitation rules apply to real situations helps parents grasp the risks their children face.
Sexual Battery vs. Other Offenses
Suppose a 17-year-old is accused of sexual battery involving a 15-year-old victim. Because Donna's Law eliminated the statute of limitations for qualifying sexual battery offenses when the victim is under 18, the state can file charges at any time, even decades later.
Now consider a different situation: A 16-year-old is accused of lewd and lascivious battery involving a 14-year-old victim. This second-degree felony must be prosecuted within three years after the victim turns 18. If the alleged victim reports the incident at age 22, the statute of limitations has expired.
"Consensual" Activity Between Minors
Many parents believe consensual sexual activity between teenagers close in age isn't criminal. That's not always correct.
Florida criminalizes sexual activity with minors under 16 regardless of the age of the other participant. Sexual activity with 16- or 17-year-olds is criminal only when the other person is 24 or older. However, other non-sexual-battery offenses can still be charged depending on the behavior.
Romeo and Juliet Rules
Florida has "Romeo and Juliet" provisions, but these apply only to sex offender registration requirements, not criminal liability. These provisions allow certain young offenders to petition for removal from the registry. They do not prevent prosecution or conviction.
Delayed Reporting
Alleged victims often don't report incidents immediately. They might be embarrassed, confused, or pressured not to tell anyone. Years later, they come forward. Depending on the specific charge and when the victim reports, your child may still face prosecution.
Why You Need Legal Counsel Before Charges Are Filed
Most families don't hire a Fort Walton Beach juvenile defense attorney until after charges appear. That's a critical mistake.
- Early intervention can prevent charges. Sometimes prosecutors haven't decided whether to file. Having an attorney present your child's side, challenge unreliable evidence, and address inconsistencies can stop charges from ever being filed.
- Protecting your child's statements. Anything your child says to detectives can be twisted and used against them. Having an attorney present protects your child from self-incrimination.
- Building a strong defense takes time. Your legal team needs to interview witnesses before memories fade, preserve digital evidence before it's deleted, and investigate the alleged victim's credibility through background information and social media history.
If you suspect your child might face sex crime charges, even without formal charges, act immediately. Don't confront the alleged victim. Any contact can be used against your child and might result in additional charges like witness tampering.
