Age of Consent in Florida

For sexually motivated crimes, the “age of consent” often dictates when an otherwise consensual act is a crime. Generally, the age of consent in Florida is 18 years old.

This means Florida law allows a person who is 18 years old to consent to sexual activity with a person of any age, provided the person is not under the age of 16 years old.

In some circumstances, Florida law might permit a person under the age of 24 years old to engage in sexual activity with 16 or 17-year-olds (sometimes called “close-in-age exemptions” or “Romeo & Juliet Law”). For example, Section 794.05 provides:

(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.

Other laws in Florida prohibit sexual activity with any person under the age of 16 years old.

If a person engages in consensual sexual activity with a minor, even if they are minors themselves, they may be charged with a crime. For instance, in State v. J.A.S., 686 So.2d 1366, 1369, (Fla. 5th DCA) (1997), the Fifth District Court of Appeal held that minors cannot consent to sexual activity even with another minor. The court held that sexual activity between minors is prohibited whether or not each of the participants believes that they have consented.

The Florida Supreme Court, in Jones v. State, 640 So.2d 1084 (Fla. 1994), ruled that Section 800.04, F.S., was not unconstitutional as applied to two 15-year-old boys who engaged in “consensual” sex with two 12-year-old girls. The constitutionality of this statute was upheld. As a result, even a minor child may be charged with violating the statute.