Florida Criminal Offense

Unlawful Sexual Activity with Certain Minors

Sexual activity by a person 24 years of age or older with a person 16 or 17 years of age.

FelonySecond Degree

Florida Statute

§ 794.05

Unlawful sexual activity with certain minors

Quick Summary

A focused, decision-first offense: confirm qualifying sexual activity, an offender age of 24 or older, and a victim age of 16 or 17. The statute excludes a 16- or 17-year-old whose disabilities of nonage have been removed.

Charge-Specific Elements

Open a charge to review the statutory facts that distinguish that charging track.

Unlawful Sexual Activity — Qualifying Age Track

Florida Statute § 794.05(1)

A person 24 or older engages in statutory sexual activity with a person 16 or 17.

What to Establish

Sexual activity; defendant 24 or older; victim 16 or 17; confirm no statutory exception.

Important Charge Note

Second-degree felony.

Elements of the Offense

Element 1
The defendant engaged in sexual activity with the victim.
Plain language: Confirm the statutory definition of sexual activity.
Element 2
At the time, the defendant was 24 years of age or older.
Plain language: The defendant was at least 24.
Element 3
At the time, the victim was 16 or 17 years of age.
Plain language: The victim was 16 or 17.

Jury Instructions

Instruction 11.7

Unlawful Sexual Activity with Certain Minors

Covers section 794.05.

View Official Instruction

Important Definitions

Sexual Activity

Oral, anal, or female genital penetration by, or union with, the sexual organ of another, or anal or female genital penetration by another object; excluding a bona fide medical purpose.

Disabilities of Nonage Removed

The section does not apply to a person 16 or 17 years of age whose disabilities of nonage have been removed under Chapter 743.

Additional Notes

Quick Reference

Confirm qualifying sexual activity, defendant age 24 or older, and victim age 16 or 17. This is a second-degree felony under section 794.05(1).

Statutory Exception

The statute does not apply if the 16- or 17-year-old has had the disabilities of nonage removed under Chapter 743.

Evidence and Child Support

The victim's prior sexual conduct is not relevant under section 794.05. The statute also addresses paternity and child-support consequences when an offense directly results in the victim giving birth.