Lawyer for Unlawful Sexual Activity with a Minor Charges in Pensacola, FL

Unlawful Sexual Activity with a Minor Laws in Florida

Under Florida Statute 794.05, it is illegal for anyone 24 years of age or older to engage in consensual sexual activity with someone aged 16 or 17.

This law is intended to protect minors who are considered vulnerable due to their age, even if they willingly participated in the act.

What Is Considered Unlawful Sexual Activity?

Under this statute, sexual activity is broadly defined to include any form of penetration or union involving the sexual organs of another person.

Importantly, even if the minor consented to the act, it is still illegal for someone 24 or older to engage in this activity with a 16 or 17-year-old.

Florida’s law is very strict in this regard, and ignorance of the minor’s age is not a defense.

This means that even if the alleged victim lied about their age or appeared to be of legal age, the defendant could still be convicted if it is proven they were 24 years of age or older at the time of the incident.

What Is The Legal Age of Consent in Florida?

The legal age of consent in Florida is 18. This means that individuals under the age of 18 are not legally able to consent to sexual activity with someone 24 or older.

However, there are some nuances in the law regarding sexual relationships between younger adults.

Exceptions: The Romeo and Juliet Law

Florida’s Romeo and Juliet law allows for certain exemptions in cases where the age difference between the parties is minimal.

For example, if a 19-year-old has consensual sexual relations with a 17-year-old, they may be exempt from having to register as a sex offender under this law.

However, this exemption does not apply if the older individual is 24 or older, which is why the unlawful sexual activity statute is so strict for those in this age group.

Penalties for Unlawful Sexual Activity with a Minor in Florida

Being convicted of unlawful sexual activity with a minor can result in life-changing penalties. These consequences extend beyond immediate criminal punishments and can follow you for the rest of your life.

What Are the Penalties for Second-Degree Felonies?

In Florida, unlawful sexual activity with a minor is considered a second-degree felony. If convicted, you could face:

• Up to 15 years in prison.
• A fine of up to $10,000.
• Up to 15 years of sex offender probation.

The minimum mandatory sentence is often at least 5½ years, even without any prior criminal record. Additionally, you will be required to register as a sex offender.

You May Be Required to Register as a Sex Offender

Being convicted of unlawful sexual activity with a minor in Florida means you will likely be required to register as a sex offender.

This registration comes with significant restrictions and obligations, including:

• Regular reporting of your address and employment information.
• Restrictions on where you can live and work.
• Public disclosure of your status as a registered sex offender.

Once on the registry, it is difficult to remove your name, and you may face these restrictions for the rest of your life.

Registration as a sex offender can severely impact your ability to maintain relationships, secure employment, and live a normal life.

You Will Face Other Collateral Consequences

Aside from the legal penalties, being convicted of a sex crime involving a minor can lead to:

• Loss of employment opportunities.
• Difficulty securing housing.
• Social stigma and damage to personal relationships.
• Loss of parental rights or limitations on visitation with children.
• The inability to work in certain professions or around minors.

The gravity of these consequences underscores the importance of mounting a robust defense with the help of an experienced attorney.

What Defenses Can I Use Against Unlawful Sexual Activity Charges in Florida?

While these charges are serious, there are legal defenses that can be used to fight allegations of unlawful sexual activity with a minor.

An experienced Pensacola,  FL statutory rape defense attorney, like Attorney Josef Mitkevicius, will evaluate the facts of your case and determine the best course of action.

Someone Has Made False Allegations

Unfortunately, false accusations are not uncommon in cases involving sex crimes. These accusations can arise from a variety of situations, such as:

• Custody disputes.
• Jealousy or revenge.
• Misunderstandings or miscommunications.

Attorney Mitkevicius will thoroughly investigate the motives behind the accusations and look for inconsistencies in the alleged victim’s story to defend you against these claims.

You Were Mistaken For Someone Else Or Have an Alibi

If you were not present at the location where the alleged crime occurred, you might have a valid alibi defense.

Attorney Mitkevicius will work to gather evidence, such as phone records, security footage, or witness testimony, to support your claim that you were not involved in the alleged incident.

The Prosecution Lacks Crucial Evidence

In many cases, the prosecution may not have sufficient evidence to prove beyond a reasonable doubt that unlawful sexual activity occurred.

By scrutinizing the evidence, Attorney Mitkevicius can challenge the prosecution’s case, potentially leading to a dismissal or reduction of charges.

Remember — Consent Is Not a Defense

It is important to note that consent is not a defense in cases of unlawful sexual activity with a minor if the defendant is 24 or older, and the alleged victim is 16 or 17.

Even if the minor willingly participated, Florida law does not allow consent as a valid defense.

Why You Need an Experienced Florida Defense Attorney

Defending against charges of unlawful sexual activity with a minor requires specialized knowledge of Florida’s sex crime laws and a comprehensive legal strategy.

Attorney Josef Mitkevicius has years of experience handling sex crime cases and understands the complexity of these charges.

How Mitkevicius Law, PLLC Can Help

At Mitkevicius Law, PLLC, we know that your future is at stake, and we are committed to providing you with the most effective defense possible. Attorney Mitkevicius will:

• Investigate the facts of your case.
• Identify any weaknesses in the prosecution’s case.
• Explore all potential defenses.
• Fight to have charges reduced or dismissed.
• Advocate for you in court and during negotiations with prosecutors.

Protect Your Future: Contact Mitkevicius Law, PLLC Today

If you are facing charges for unlawful sexual activity with a minor, it is critical to act quickly.

The legal process can be overwhelming, but with the right defense strategy, you may be able to avoid the harshest penalties.

At Mitkevicius Law, PLLC, we offer free consultations and will provide the guidance and support you need during this difficult time.

Our firm is dedicated to protecting your rights and ensuring that you receive a fair trial.

Call 850-361-2142 today or use our online form to schedule your consultation. Don’t wait—taking action now can make all the difference in your case.