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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Can a 18 year boy be accuse of statutory rape if he has consenting

Customer Question

Can a 18 year boy be accuse of statutory rape if he has consenting sex with a 17 year old in Miami, FL.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JD replied 6 years ago.

Florida Statute


794.05 Unlawful sexual activity with certain minors.--


(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.


(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.


(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.


(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.




While other aspects surrounding the relationship could pose potential criminal liability the sex itself does not appear to be a criminal act.


Please reply if I can help further.



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Customer: replied 6 years ago.

The question was never answered. I knew this information before.

Expert:  JD replied 6 years ago.

Ok... let's try it like this.


The applicable law that was cited above, "Unlawful Sexual Activity with Certain Minors" does not apply to an 18 year old having sex with a 17 year old.


If the minor was under 16 then another law would apply that is commonly referred to as "Statutory Rape" however that only applies to a person under 16.


I hope this answers your question.