Unlawful sexual activity with a minor is one of the most serious sex crime charges in Florida. It applies when an individual who is 24 years of age or older engages in sexual activity with someone who is 16 or 17 years old. Even if the sexual activity is consensual, Florida law makes it a crime due to the age difference and the state’s interest in protecting minors. Unlike cases involving younger children, this offense focuses specifically on situations where the minor is above 16 but still legally under the age threshold.
A conviction can carry devastating criminal penalties, including imprisonment, fines, and lifetime registration as a sex offender. Additionally, it can have lifelong consequences, such as restrictions on employment, housing, and personal relationships.
Gainesville Sex Crime Defense Lawyer
If you have been charged with unlawful sexual activity with a minor in Florida, it is crucial that you act quickly. Even allegations of this crime can lead to social stigma, damage to your reputation, and strained family relationships. A strong and immediate defense strategy is essential.
Contact the Galigani Law Firm. Gainesville criminal defense attorney Dean Galigani has extensive experience defending clients facing serious sex crime charges in Florida. He understands how prosecutors build these cases and knows the strategies needed to protect your rights and freedom.
Call the Galigani Law Firm today at (352) 375-0812 for a free consultation regarding your alleged offense in Gainesville, Lake City, Ocala, and surrounding areas.
Information Center
- Definition of the Law
- Penalties and Aggravating Circumstances
- Statute of Limitations in Florida
- Defenses to Unlawful Sexual Activity with a Minor in Florida
- Key Elements a Jury Considers in Unlawful Sexual Activity with a Minor Cases
- Attempted Unlawful Sexual Activity with a Minor – Online Sting Operations
- Frequently Asked Questions
- Additional Resources
Definition of the Law
Under Florida Statute § 794.05, unlawful sexual activity with certain minors occurs when a person who is 24 years of age or older engages in sexual activity with someone who is 16 or 17 years old.
The statute is strict:
- Consent is not a defense – even if the younger person willingly engaged in the activity.
- The law is aimed at preventing older adults from exploiting younger individuals, particularly in cases where there may be a disparity in power or maturity.
- “Sexual activity” is broadly defined to include not only intercourse but also oral, anal, and other sexual acts.
Penalties and Aggravating Circumstances
Unlawful sexual activity with a minor in Florida is a second-degree felony. Convictions can carry:
- Up to 15 years in prison.
- Up to 15 years of probation.
- Fines up to $10,000.
- Mandatory sex offender registration, which has lifelong effects on where you can live, work, and travel.
Certain circumstances can make the penalties even more severe:
- Prior sex crime convictions: A repeat offender can face enhanced sentencing.
- Position of trust or authority: If the adult held a role such as teacher, coach, or clergy member, prosecutors may argue for harsher penalties.
- Multiple alleged victims: Separate charges may be filed for each instance or each minor, leading to consecutive sentences.
- Media or community attention: Cases with high publicity can pressure prosecutors to pursue maximum sentencing.
Statute of Limitations in Florida
For unlawful sexual activity with a minor, Florida law provides a statute of limitations of 3 years for prosecution if the crime is charged as a second-degree felony. However, if additional factors elevate the charge to a higher felony, or if DNA evidence later connects the accused to the offense, the statute of limitations may be extended or eliminated. This makes it possible for individuals to face charges years after the alleged incident.
Defenses to Unlawful Sexual Activity with a Minor in Florida
While these charges are serious, there are potential defenses an experienced attorney can raise, depending on the facts of the case:
- False Allegations – Situations involving jealousy, family disputes, or custody battles sometimes result in false accusations. A defense lawyer can expose inconsistencies in the accuser’s story.
- Lack of Evidence – The prosecution must prove its case beyond a reasonable doubt. If physical evidence is lacking and the case relies only on testimony, the defense can challenge the credibility and reliability of witnesses.
- Age Dispute – In some cases, misunderstandings or false information about age can play a role. While “mistake of age” is not a statutory defense in Florida, it can be considered when building a mitigation strategy.
- Violation of Constitutional Rights – If law enforcement violated the accused’s rights during investigation (illegal search, coerced statements, etc.), evidence may be suppressed.
Key Elements a Jury Considers in Unlawful Sexual Activity with a Minor Cases
Jurors in these cases must evaluate several critical elements before reaching a verdict:
- Proof of Age Difference – The prosecution must show that the defendant was at least 24 years old and the alleged victim was 16 or 17 at the time of the incident.
- Proof of Sexual Activity – Jurors must be convinced beyond a reasonable doubt that sexual activity actually occurred. This often involves testimony, medical evidence, or digital communications.
- Credibility of Witnesses – Because cases often involve limited physical evidence, jurors heavily weigh the testimony of the alleged victim, the accused, and other witnesses. Corroborating texts, emails, or witness statements can be decisive.
- Intent and Circumstances – Jurors may consider whether the relationship appeared consensual, whether the accused knew the victim’s age, and whether there was a position of authority or trust involved.
Attempted Unlawful Sexual Activity with a Minor – Online Sting Operations
In Florida, many charges for unlawful sexual activity with a minor arise not from actual contact with a teenager, but from online sting operations conducted by law enforcement. In these cases, undercover officers pose as minors in chat rooms, on dating apps, or through text messages. When an adult arranges to meet what they believe is a 16- or 17-year-old for sexual activity, they can be arrested and charged with attempted unlawful sexual activity with a minor—even if no real minor was involved.
Florida courts treat attempts seriously. Under state law, an attempt to commit a crime can carry penalties nearly as severe as the completed offense. That means defendants can face felony charges, possible prison sentences, and mandatory sex offender registration even if no minor was ever present.
Entrapment as a Defense – One potential defense in these types of sting operations is entrapment. Entrapment occurs when law enforcement officers induce or persuade a person to commit a crime they otherwise would not have committed.
To argue entrapment, the defense must show:
- The idea to commit the crime originated with law enforcement, not the accused.
- The officers used persuasion, coercion, or pressure beyond simply providing an opportunity.
- The accused did not already have a predisposition to commit the offense.
Example: If an undercover officer aggressively pushes the idea of meeting for sex, repeatedly pressures the accused to continue communication, or suggests the encounter after the accused initially shows no interest, a court may find entrapment occurred.
However, if prosecutors can show that the accused was already willing and took steps to follow through (such as traveling to a meeting spot), the entrapment defense may not succeed. Because of this, raising entrapment requires a skilled attorney who understands how to challenge law enforcement conduct and expose when officers cross the line.
Frequently Asked Questions
Can a 17-year-old consent to sex in Florida?
Not with an adult who is 24 years or older. Consent is not a legal defense under Florida Statute § 794.05.
Is this charge the same as statutory rape?
In Florida, the term “statutory rape” is not used in statutes, but unlawful sexual activity with a minor serves the same legal purpose.
Will I have to register as a sex offender if convicted?
Yes. A conviction requires registration, which can have lifelong restrictions.
Can the victim or their parents drop the charges?
No. Once charges are filed, only the prosecutor can dismiss them, regardless of the alleged victim’s wishes.
Additional Resources
Florida Statute § 794.05 – Unlawful Sexual Activity with Certain Minors – Official Florida legislative website detailing the statute.
Florida Department of Law Enforcement: Sex Offender Registry – Search and understand the requirements for registered offenders.
Gainesville Sex Crime Defense Attorney | Alachua County, FL
If you have been accused of unlawful sexual activity with a minor in Florida, you need an attorney who will fight aggressively to protect your rights. Dean Galigani of the Galigani Law Firm has successfully defended clients across Alachua, Marion, Levy, Bradford, and Union Counties.
Call the Galigani Law Firm today at (352) 375-0812 to schedule your free consultation and begin working on your defense immediately.
