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Florida Statute 794.05: Unlawful Sexual Activity with a Minor

Summary

A person who is 24 years of age or older who engages in sexual activity with someone that is 16 or 17 years of age is guilty of unlawful sexual activity with a minor. Sexual activity refers to any oral, anal, or vaginal penetration by, or union with, the sexual organ of another.

Elements

To be charged with unlawful sexual activity with a minor, the state prosecutor must prove:

  • The defendant was 24 years of age or older
  • The victim was 16 or 17 years of age at the time of the incident
  • The defendant engaged in sexual activity with a minor in which the sexual organ of the defendant or victim penetrated or had union with the mouth, anus, or vagina of the defendant or the victim.

Example

Rachael, a 17 year old girl, had been having sex with a 25 year old man named Alex, whom she met through her job. Rachael’s parents, completely unapproving of her relationship with Alex, filed a police report against him. Alex was charged with a second-degree felony.

Maximum Penalty

Unlawful sexual activity with a minor is classified as a second-degree felony, and is punishable by up to 15 years imprisonment and a $10,000 fine. In addition, anyone guilty of this crime is required to register as a sex offender, with records available on the Florida Department of Law Enforcement’s website.

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