Chad M. Seibel
Criminal Defense
407.846.8008
Statutory Rape Defense
“Statutory rape” is the everyday name for Florida Statutes § 794.05 — unlawful sexual activity with certain minors. The statute makes it a crime for a person 24 or older to engage in sexual activity with a 16- or 17-year-old. Consent is irrelevant. How the two met is irrelevant. And what the minor said about their age is, with very narrow exceptions, irrelevant too.
A charge under this statute often lands on people who genuinely believed they were doing nothing illegal — because in Florida, 16- and 17-year-olds can lawfully consent to sex with partners under 24. The crime is defined by the defendant's age, not just the minor's. If you are being investigated, call or text 407-846-8008 before giving any statement.
The Elements and the Penalty
To convict under § 794.05, the State must prove:
1. The defendant was 24 years of age or older;
2. The alleged victim was 16 or 17 years old; and
3. The defendant engaged in sexual activity with the alleged victim.
The offense is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. A conviction is also a qualifying offense for sex offender registration under § 943.0435 — which for most people is the heaviest consequence of all.
Where the alleged victim is 15 or younger, the State charges under different and harsher statutes — lewd or lascivious battery (§ 800.04) or sexual battery (§ 794.011) — so the alleged victim's precise age and its proof are critical from day one.
What Is Not a Defense
• Consent. The statute exists precisely for consensual encounters; willingness is no defense.
• Mistake about age. Florida law does not recognize “she told me she was 18,” a fake ID, or a dating-app profile as a defense to this charge.
• The minor's sexual history. The statute says prior chastity is not relevant.
What Can Be Defended
• The age math. The State must prove the defendant was 24 or older at the time of the act and the minor 16 or 17. Timeline disputes — when the relationship became sexual relative to birthdays — are real issues in real cases.
• Whether sexual activity occurred at all. These prosecutions often rest on the minor's statement, messages, and little else. Credibility, motive (an angry parent who discovered the relationship is the classic origin of these cases), and corroboration all matter.
• Marriage. The statute does not apply where the minor's disabilities of nonage have been removed — including by court order or marriage.
• Unlawful searches and statements. Phone extractions and police interviews are frequent suppression targets.
• Charge and sentence mitigation. Where the evidence is strong, negotiating away from a registrable offense — or from prison exposure — becomes the mission. Prosecutors have discretion, and how the case is presented to them matters.
Registration — and Why the Romeo & Juliet Law Usually Doesn't Help Here
Florida's registry-removal statute (§ 943.04354, the “Romeo & Juliet law”) allows removal only when the defendant was no more than 4 years older than a victim aged at least 13. Because § 794.05 requires the defendant to be 24 or older and the victim 16 or 17, the age gap in these cases is at least six years — so § 794.05 convictions do not qualify. That makes the pre-conviction fight the whole ballgame: once a § 794.05 conviction exists, registration follows, and there is no later statutory exit designed for this offense.
Frequently Asked Questions
We're in a real relationship. Does that matter?
Not to the elements of the crime. It can matter to prosecutorial discretion and sentencing — but a genuine relationship does not make the conduct legal, and continuing contact during the case can create new charges and violate release conditions.
Her parents went to the police, but she won't cooperate. Will the case be dropped?
Not necessarily. The State can proceed with messages, admissions, and other evidence. An uncooperative witness weakens the case; it does not end it.
Is a 23-year-old with a 16-year-old legal in Florida?
Under § 794.05, the defendant must be 24 or older. But other statutes can still apply depending on facts (authority positions, images exchanged, etc.) — and sending or requesting explicit images of a 16-year-old is a serious separate felony. Get specific legal advice before assuming anything.
Will I go to prison for a first offense?
Not automatically — the sentencing scoresheet, the facts, and the lawyering determine that. Registration, not prison, is frequently the sharpest consequence to fight.
Get Ahead of the Investigation
These cases usually begin with a parent's report and a detective's phone call. What happens next — whether you give a statement, what's on your phone, how quickly counsel engages the State — shapes everything that follows. Call or text 407-846-8008 for a free, confidential consultation with former prosecutor Chad Seibel.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.