Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Unlawful Sexual Activity with a Minor

Sex crimes involving minors are taken very seriously by law enforcement and courts within the State of Florida's jurisdiction. While society agrees children should be protected from abuse at all cost, false accusations of sexual misconduct between adults and minors have become more prevalent in Miami-Dade County. While some allegations are factual, unfortunately, the trend of false allegations is increasing at an alarming rate.

Children have beautiful minds full of creativity just waiting to be released. However, a child's imagination could cause them to distort the truth or create a malicious event that never actually occurred. Some children may even report a false allegation in a desperate attempt to get more attention from their classmates, teachers, or parents.

If you or someone you love has been arrested for unlawful sexual activity with a minor, do let these motives cause them to lose their family,  career, and be forced to serve time in prison.

Miami Unlawful Sexual Activity with a Minor Defense Attorney

If you have been charged with Unlawful Sexual Activity with a Minor, child pornography, child molestation, statutory rape, a lewd or lascivious molestation, or any other sex crime you need an experienced Miami-Dade County defense attorney at your disposal to help defend your name and prevent the penalties that could be imposed by being falsely accused.

Here at the The Hoffman Firm we have experience successfully representing clients accused of Unlawful Sexual Activity with Minors throughout Hialeah, Homestead, Coral Gables, Miami, Miami Beach, and other cities in Miami-Dade County, Florida.

Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so we can review your case and explore your legal options.


Back to top

What is Unlawful Sexual Activity with a Minor?

Pursuant to Florida Statute 794.05, Unlawful Sexual Activity with a minor occurs when:

  • The Defendant was 24 years of age or older at the time the alleged offense occurred,
  • The Minor was 16 or 17 years old at the time the alleged offense occurred, and
  • The Defendant and Minor Allegedly Engaged in Sexual Activity.

The term "sexual activity" is defined as any oral, anal, or vaginal penetration by another person's sexual organ or by use of an object.


Back to top

Penalties for Unlawful Sexual Activity with Minors in Florida

In Florida, unlawful sexual activity with a minor is classified as a second-degree felony. As such, a conviction of this offense could impose extremely harsh penalties if the defendant does not seek counsel from an experienced Miami-Dade defense attorney. Some of the penalties include:

  • Prison sentence of up to fifteen (15) years,
  • Required to registering as a Sex Offender for Life, and possibly
  • Up to $10,000 in fines,

A conviction of Unlawful Sexual Activity with a Minor does not just end with the court enforcing penalties. Several civil and social consequences could result from being convicted of a sex crime involving a minor. These collateral consequences include, but are not limited to:

  • Ineligibility for Certain Jobs,
  • Loss of Current Job,
  • Loss of Certain Professional Licenses,
  • Inability to Interact with Children under Varying Circumstances,
  • Loss of Certain Parental Rights,
  • Inability to Qualify for Certain Professional Licenses,
  • Inability to Qualify for Certain Government Loans and Assistance,
  • Inability to Live in Certain Areas and Housing Complexes, and
  • Being Negatively Judged by Family, Friends, and Society as a Pedophile

Back to top

Defenses to Unlawful Sexual Activity with a Minor

False Allegations

    • The Most Common Defense
    • Typically occur from jealousy, manipulation of the child through an adult or parent, or mental defect of the accuser.

Young Adult Exception

It is legal for a person who is between the ages of sixteen (16) and twenty-three (23) to engage in consensual sexual activities with a person who is fourteen (16) years of age and seventeen (17) years of age at the time the sexual activities occurs.

Romeo and Juliet Exception

The "Romeo and Juliet law", formally known as Florida Statute 943.04354, permits certain persons convicted of a sexually-related offense to be removed from the Florida sex offender's registry.

The Romeo and Juliet law was created to protect teenagers that engage in consensual sexual activities. Pursuant to the law, a person seeking removal from the Florida sex offender's registry must meet the following requirements:

  • The Petitioner seeking removal engaged in a consensual sexual activity with a minor,
  • The minor was between the ages of fourteen (14) and seventeen (17) at the time of the convicted offense,
  • The age difference between partners does not exceed four (4) years,
  • The Petitioner seeking removal was subsequently convicted of sexual battery or a lewd/lascivious offense,
  • The Petitioner was required to register as a sex offender because of the conviction, and
  • The Petitioner does not have any other convictions of a similar nature.

The Romeo and Juliet law is not effective in all cases, especially when the circumstances surrounding the conviction involved violent behavior or use of a weapon.


Back to top

Prohibited Defenses

Ignorance of the Victim's Age

  • The defendant's ignorance of the victim's age, the victim misrepresenting his or her age to the defendant, or the defendant's bona fide belief of the victim's age can not be raised as a defense.

Victim's Consent

  • The victim consenting and willfully engaging in sexual conduct with the defendant can not be used as a defense.

Victim's Promiscuity or Lack of Chastity

  • The victim exhibiting promiscuous behavior or lacking chastity can not be used as a defense.

Back to top

Florida Unlawful Sexual Activity with a Minor Resources

National Institute of Corrections – Visit this website to find more information regarding the Department of Justice's - National Institute of Corrections (NIC). The NIC provides informational resources, training, and strives to mold policies at both the state and federal level to promote effective forms of rehabilitation within the prison systems.

Federal Bureau of Prisons- Visit this website to find more information and resources regarding the Federal Bureau of Prison's diligent efforts to offer effective treatment to sexual offenders and rehabilitate them so they will have the knowledge necessary to become effective leaders when reentering the society.


Back to top

Unlawful Sexual Activity with a Minor Defense Attorney in Miami, Florida

If you were arrested for Unlawful Sexual Activity with a Minor, child pornography, child molestation, statutory rape, a lewd or lascivious offense, or any other sex crime you need an experienced Miami-Dade County defense attorney at your disposal to help defend your name and prevent the penalties that could be imposed by being falsely accused.

Here at the The Hoffman Firm we have experience successfully representing clients accused of Unlawful Sexual Activity with Minors throughout Hialeah, Homestead, Coral Gables, Miami, Miami Beach, and other cities in Miami-Dade County, Florida.

Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so we can review your case and explore your legal options.


Back to top

Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

Read More

If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

Find out more
Our Office in Miami

Visit Our Office

66 West Flagler St. #950 Miami, FL 33130
convenient office locations in Miami and North Miami