How Does the Age of Consent Affect Criminal Charges in Florida?

 Posted on July 27, 2026 in Sex Crimes

An accusation involving sexual activity and a minor can expose someone to serious criminal charges in Florida. The ages of the people involved can determine which charge applies and how severe the possible penalties may be.

If you or a family member is facing charges in 2026, a Miami-Dade County sex crime defense attorney can explain the possible consequences and determine what defenses might apply to your case.

What Is the Age of Consent in Florida?

People commonly say that in Florida, the age of consent is 18. In truth, the law is more complicated than that. Many Florida sex offenses involving minors apply to people under 16. A separate law prohibits someone age 24 or older from engaging in sexual activity with a 16- or 17-year-old. Other laws may apply depending on the conduct and the relationship between the people involved.

Florida has a narrow close-in-age provision commonly called the "Romeo and Juliet" law. It does not prevent prosecution or erase a conviction. Instead, it allows some people convicted of qualifying offenses to ask a court to remove the sex offender registration requirement. Among other requirements, the person generally cannot have been more than four years older than an alleged victim who was at least 13 but younger than 18. Relief is not automatic.

What if You Didn’t Know the Other Person Was a Minor?

A person accused under the Florida laws discussed here generally cannot defend the case by arguing that they did not know the other person’s age. This rule may apply even if the other person actively misrepresented their age.

What Charges Can Someone Face in a Florida Case Involving a Minor?

Florida Statute 800.04 divides lewd or lascivious offenses involving people under 16 into four categories.

Lewd or Lascivious Battery

This is when someone engages in sexual activity with a person between the ages of 12 and 15. It also applies when someone encourages or compels a person younger than 16 years old to participate in sexual activity. Lewd or lascivious battery is generally a second-degree felony punishable by up to 15 years in prison.

Lewd or Lascivious Molestation

Lewd or lascivious molestation is when someone intentionally touches the private parts of someone younger than 16 or compels someone younger than 16 to touch another person’s private parts. Depending on the ages of the people involved, a first-time offense may be a life felony, a second-degree felony, or a third-degree felony. An adult with certain prior convictions may face a first-degree felony.

Lewd or Lascivious Conduct

Lewd or lascivious conduct is the legal term used to describe touching someone younger than 16 in a lewd or lascivious manner or asking that person to commit a lewd or lascivious act. If the defendant is 18 years old or older, they can be charged with a second-degree felony. If they are younger than 18, they may face a third-degree felony, which can carry a sentence of up to five years in prison.

Lewd or Lascivious Exhibition

Lewd or lascivious exhibition involves intentionally touching oneself sexually, exposing oneself, or committing sexual acts that don’t involve actual physical contact while in the presence of someone under 16 years old. Someone accused of this could be charged with a second- or third-degree felony.

The penalties for these charges depend heavily on the age of the minor and whether the accused person was younger than 18 or at least 18 when the alleged conduct happened.

What Can Affect Charges for Sexual Crimes Besides Age in Florida?

The specific allegations can determine which charge prosecutors file. Allegations involving force, threats, a weapon, physical injury, or a person who was legally unable to consent may support different or more serious charges. A prior conviction may also increase the possible penalties. However, the prosecution must prove every element of the charged offense beyond a reasonable doubt.

Call a Miami, FL Criminal Defense Attorney Today

A sex crime accusation involving a minor can affect your freedom, reputation, employment, and family relationships. However, an accusation is not a conviction. The prosecution must prove every element of its case beyond a reasonable doubt. A defense attorney can examine how the evidence was obtained, challenge unreliable allegations, and determine whether the prosecution can prove the required ages, conduct, and intent.

At The Hoffman Firm, we take an experienced, aggressive approach to every case while treating each client with the compassion they deserve. We offer personalized service. If you can't come to us, we'll travel to you.

Call our Miami-Dade County criminal defense lawyer 24/7 at 305-249-0090 for a free consultation.