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.
Florida Statute
§ 794.05
Unlawful sexual activity with certain minors
Verified against the 2026 Florida Statutes: September 13, 2026
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)
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
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All of the following must be proven
The defendant engaged in sexual activity with the victim.
Plain language: Confirm the statutory definition of sexual activity.
- Element 2AND — Required
All of the following must be proven
At the time, the defendant was 24 years of age or older.
Plain language: The defendant was at least 24.
- Element 3AND — Required
All of the following must be proven
At the time, the victim was 16 or 17 years of age.
Plain language: The victim was 16 or 17.
Jury Instructions
Jury Instructions
Instruction 11.7
Unlawful Sexual Activity with Certain Minors
Covers section 794.05.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
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
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.