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SEX CRIMES

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Unlawful Sexual Activity with a Minor

Also Serving Clients throughout Fort Lauderdale

Sex crimes involving minors are taken very seriously by law enforcement and courts within 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. If you or a loved one was charged with this crime, protect yourself by calling the Miami unlawful sexual activity with a minor lawyer at The Hoffman Firm now.


Fight for your best possible outcome by calling (305) 928-1669 now. Call 954-737-3004 if you are in Broward County.


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
  • The defendant and minor allegedly engaged in sexual activity

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 criminal defense attorney.

Some of the penalties include:

  • Prison sentence of up to 15 years
  • Required to registering as a sex offender for life
  • 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
  • Being negatively judged by family, friends, and society as a pedophile

Defenses to Unlawful Sexual Activity with a Minor

The most common defense is to assert that the allegations against you are false. In many cases, these charges 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 16 and 23 to engage in consensual sexual activities with a person who is 14 and 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 14 and 17 at the time of the convicted offense
  • The age difference between partners does not exceed 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
  • 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.

Prohibited Defenses

There are certain defenses that cannot be used, such as arguing that the defendant did not know the victim’s age or that the victim misrepresented their age to the defendant.

Defendants also cannot argue that the victim consented and willfully engaged in sexual conduct. They also cannot suggest that the victim exhibited promiscuous behavior or lacked chastity.


If you are in Miami call (305) 928-1669 to get started on your case. If you are in Broward County call 954-737-3004


Why Should You Hire The Hoffman Firm? Here Are a Few Reasons:

  • Client-Focused Representation
    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
  • Decades of Experience
    Attorney Evan Hoffman has over two decades of experience fighting for the accused.
  • Premier Criminal Defense Firm
    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
  • Proven Track Record
    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
  • Florida Former State Prosecutor
    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
  • Free Initial Consultation
    We offer free initial consultations to ensure that we have your best interests in mind.

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