Unlawful Sexual Activity with a Minor
Florida Statute § 794.05 prohibits unlawful sexual activity with minor children when the defendant is 24 years old or older and engages in sexual contact with a minor child who is only 16 or 17 years old.
This crime is sometimes called “statutory rape” in other states.
Evidence of the alleged victim’s prior acts might be inadmissible unless it goes to the bias or motive of the alleged victim to make false accusations.
The prosecution often seeks to exclude evidence that the alleged victim previously engaged in sexual activities with others. In fact, the statute specifies that the “victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.”
Keep in mind that under Florida law, the victim’s lack of chastity is not a defense to the crime of unlawful sexual activity with a minor child who is 16 or 17 years old.
Likewise, ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of the victim’s age is not a defense to the crime of engaging in unlawful sexual activity with a 16 or 17-year-old child.
Recent Case Results
On December 5, 2018, the jury returned a “not guilty” in a case pending before the Honorable Susan L. Barthle in Dade City, FL. The crime of Lewd and Lascivious Molestation is a first degree felony, punishable by life in prison (with a 25 year minimum mandatory prison sentence). Instead of facing those penalties, our client was exonerated and walked out of the courthouse with us after the jury returned the “not guilty” verdict. Leslie M. Sammis was the lead attorney in the case.
Disclaimer: The facts of your case may differ from the facts discussed here. Not all case results are listed here. The case results discussed here are not necessarily representative of the results obtained in all cases. Each case is different and must be evaluated and handled on its own merit.
Attorneys for Unlawful Sexual Activity with a Minor in Tampa, FL
If you were charged with unlawful sexual activity with certain minors under Florida Statute § 794.05, then contact a criminal defense attorney in Tampa, FL, at Sammis Law Firm.
This criminal charge applies when a defendant who is 24 years old or older engages in sexual contact with a child who is only 16 or 17 years old.
The attorneys at the Sammis Law Firm represent clients charged with sexually motivated crimes throughout the Tampa Bay area including the courtrooms in Tampa in Hillsborough County, Brooksville in Hernando County, New Port Richey and Dade City in Pasco County, Bartow and Lakeland in Polk County and Bradenton in Manatee County.
Call (813) 250-0500 for a free consultation.
Elements of Unlawful Sexual Activity under § 794.05
The elements that must be proven at trial, beyond a reasonable doubt, for the prosecution of Unlawful Sexual Activity with Minors under Florida Statute § 794.05 include:
- At the time, the defendant was 24 years of age or older;
- The victim was 16 or 17 years of age;
- The defendant committed an act with the victim in which either:
- the sexual organ of the defendant penetrated or had union with the mouth, vagina, or anus of the victim; or
- the sexual organ of the victim penetrated or had union with the mouth, vagina or anus of the defendant.
- The defendant committed an act with the victim in which the vagina or anus of the victim or defendant was penetrated by an object.
If the prosecution alleges that the vagina or anus of the victim or defendant was penetrated with an object, then Florida law provides that the definition of “an object” includes a finger. In fact, digital penetration is one of the most common accusations made under this section.
Under § 794.05(1), Fla. Stat., sexual activity does not include an act done for a bona fide medical purpose.
The standard jury instruction in Florida for unlawful sexual activity with a minor was first adopted in 1998 [723 So.2d 123] and last amended in 2015.
Penalties for Sex Acts with a 16 or 17 Years Old Child
Crimes under Florida Statute § 794.05, are charged as a felony of the second degree, punishable by up to 15 years in Florida State Prison.
The penalties for engaging in a sexual act with a minor child under Florida Statute § 794.05 are subject to enhanced penalties if the sexual offense was committed by a school authority figure against a student at the same school.
Many of these offenses come to light because the 16 or 17-year-old child gets pregnant. The statute provides that 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 the court determines 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.
Definitions in Florida’s Sex Crimes Statutes
The term “student” is defined to mean a person younger than 18 years of age who is enrolled at a school. The term “authority figure” is defined to means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
The term “school” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under the rules of the State Board of Education. The term “school” does not include facilities dedicated exclusively to the education of adults.
The definitions for the terms “private school” or “voluntary prekindergarten education program” or “early learning program” or “public school as described in s. 402.3025(1)” or “the Florida School for the Deaf and the Blind” or the “Florida Virtual School” or the “K–8 Virtual School” can be found at § 775.0862(1)(b), Fla. Stat.
Florida law does not currently recognize any necessary lesser included offenses for the crime of engaging in sexual activities with certain minors under Florida Statute Section 794.05, except the “attempt” to commit the crime as explains in Florida Statute Section 777.04(1).
Removal of the Disabilities of Nonage
If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla.—Stat., the jury should be instructed with respect to § 743.01 et seq. Florida Statute Section 794(2) provides:
(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.
Florida Statute Section 743.01 provides:
“Removal of disabilities of married minors.—The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed… is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor.”
Additional Resources
794.05 Unlawful sexual activity with minor children – Visit the website of the Florida Senate to find the statutory language under Chapter 794 for sexual battery and section 05 for unlawful sexual contact with a minor child who has yet to reach his or her 18th birthday. Find Florida’s statutes definitions index and table tracking session laws.
Attorney in Hillsborough County for Illegal Sex Acts
In Hillsborough County, FL, the defendant is not eligible to post bond on any charge of sexual performance of a child and all offenses included under section 827.071, Fla. Stat., after the first appearance hearing.
In these cases, it is important to have an attorney at the first appearance bond hearing so that you have the best chance of getting the bond set as low as possible.
If you are charged with having unlawful sexual contact with a child who under the age of 18 years old by older than 15 years old, then contact an attorney in Tampa, FL, at the Sammis Law Firm.
Related offenses including lewd and lascivious conduct, statutory rape, and sexual battery.
We represent clients charged with serious sexual offenses in the greater Tampa Bay areas including throughout Hillsborough County, FL.
Let us put our experience to work for you. Call (813) 250-0500 to talk to an experienced criminal defense attorney about the facts of your case.
This article was last updated on Friday, April 1, 2022.
