In 2007 the age of consent, “Romeo and Juliet law in Florida” was created to help deal with the situation where young citizens – typically of high school age that had consensual sexual act from being treated as sexual offenders or sexual predators.
Laws of Florida. A verbatim publication of the general and special laws enacted by the Florida Legislature in a given year and published each year following the regular session of the legislature. It presents the laws in the order in which they are numbered by the Secretary of State, as well as resolutions and memorials passed by the legislature. Florida Divorce Laws Alimony. When it comes to Florida divorce laws alimony, sometimes you must consider permanent alimony. Permanent alimony is for long-duration marriages if the statutory criteria are met, or for moderate duration marriages if appropriate based on clear and convincing evidence after consideration of statutory factors. Learn about the massage therapy regulations for each state so you can practice legally. Protecting Massage Therapists' Right to Practice Legal recognition of massage therapy and clearly stated requirements are critical to advancing the profession—and protecting the health and safety of massage consumers. I am dating a 20 year old soon to be 21 and I am 15. We are not have sex we are just dating. What are the laws on this, could he get in trouble? We live in Florida. Will the laws be different when I turn 16? If you could tell me the laws for him being 21 and me being 15 and also the laws of him being 21 and me being 16. States Where the Consensual Age Is 18 Years Eleven states, including Wisconsin, Virginia, Utah, Tennessee, Oregon, North Dakota, Idaho, Florida, Delaware, California, and Arizona, outlaw sexual relationships with partners who are below 18 years of age.
Dating a guy near kings park west. Because of the negative impact on the lives of these young teens, Section 943.04354, F.S., provides defendants with an opportunity to petition the state to remove the registration requirement. However certain criteria must be met as is with meeting all requirements of the Adam Walsh Act. If you face criminal charges, your best course of action is to contact a criminal defense lawyer in Orlando.
Florida’s Romeo & Juliet Law teenage relationships
s. 943.04354, F.S. provides the provision a defendant can petition the state court to remove sexual offender registration requirement under Florida’s Romeo and Juliet Law. As stated earlier some criteria that must which include:
• The victim should not be younger than 14 years when the offense was committed
• The offender must not be older than the victim with more than 4 years when the offense was committed.
• Consent to sex must be established
• Ignorance of the offender as it relates to the age of the victim or portrayal of the victim to be older won’t serve as an excuse during prosecution under s. 800.04, F.S., or ch. 794.05 Florida Statute. However these facts can be considered by the court under s. 921.0026, F.S., to mitigate sentencing.
• Provisions in s. 943.04354, F.S., allows an offender just one motion or petition and if the court fails to grant the motion or petition, the offender can re-petition the court again only after 25 years following completion of their sentence.
Under Florida Statute 943.04354, a person’s case must meet the following requirements to be eligible to petition for removal from the sex offender registration laws:
- The conviction was for:
- Sexual Battery (F.S. 794.011), or
- A Lewd or Lascivious Offense (F.S. 800.04);
- The crime involved a consensual sexual encounter with a 14, 15, 16, or 17 year old minor – 794.05 Florida Statute.
- The minor was no more than 4 years younger than the defendant at the time of the sexual encounter;
- Registration as a sexual offender (or predator) is solely because of the above conviction;
- No other convictions for a Lewd or Lascivious Offense, Sexual Battery, or Lewd or Lascivious Exhibition using a Computer exist.
AGE OF CONSENT LAWS – Laws in Florida
What Is the Age of Consent? (Definition of the Legal age of consent)
The age of consent can be defined is the “age at which a person is deemed legally competent to consent to sexual activity. Any individual violating this law is open to prosecution under statutory rape laws.”
Age of consent by state
The age of consent varies in the United States, since the states make age of consent laws regarding sexual activity. Generally, age 16 to age 18 is the legal age of consent ranges in the US.
Lowest age of consent.
State Dating Laws In Cocoa-rockledge Fla
Age of consent in Florida – 16 to 24 Florida law
What is the sexual age of consent in Florida?
18 years is the Age of Consent in the state of Florida. As such 17 year olds or younger, are not deemed old enough to consent to sex therefore an older individual that participates in consensual sexual relationship with individuals of such age groups would have violated Florida’s statutory rape laws, this basically outlines the 16 to 24 Florida law.
Statutory rape definition
Statutory rape can be defined as sexual act with someone who is below the legal age of consent.
What happens with statutory rape?
The consequences of been convicted for statutory rape can’t be great since it is also treated like a criminal offense just like other cases of rape. However, the provisions of Romeo & Juliet laws allows the defendant to avoid being punished for sex crime if certain criteria like their age and the age difference between them and their partner falls within what is acceptable by the law. In such conditions, they might have their charges dropped, their charge might be reduced from say felony to misdemeanor, their record might be expunged after serving sentence, or they won’t be required to register as a sex offender.
Having the label of a sex offender or sex predator has huge and very damaging consequences. The Florida Romeo & Juliet Law was therefore created to address the inequities of certain statutory rape cases especially those involving teenagers. Having said that, for a defendant to benefit from the Florida Law, they must meet some strict requirements which mean it is imperative for them to seek the services of an experienced attorney to make the most of the provision of this law. Call Romeo and Juliette lawyers in Florida at 407-930-8912 or email at [email protected]
Miller v. State, 17 So. 3d 778 (Fla. 5th DCA 2009)
Appellant, Brian Miller [“Miller”], appeals an order denying his second amended motion for removal from Florida’s sex offender registry. He argues that the trial court erred when it concluded that removing him from the sex offender registry would conflict with federal law and, therefore, is not authorized by Florida law. We affirm.
State v. Marcel, 67 So. 3d 1223 (Fla. 3d DCA 2011)
The appellee, Robert Marcel, pled nolo contendere to the offense of unlawfully and intentionally touching a person under sixteen years of age in a lewd or lascivious manner, in violation of section 800.04(6)(c), Florida Statutes (2001). Marcel was eighteen-years old at the time of the offense, and the victim fourteen-years old. The trial court withheld adjudication and sentenced Marcel to three-years probation. As a consequence of plea, Marcel automatically was designated a sexual offender, subject to lifetime registration and reporting requirements contained in section 943.0435, Florida Statutes (2001).
In Florida, the age of legal consent is 18. This means that once an individual turns 18 years old, he or she may have a sexual relationship with any other adult except for in certain situations where one adult has authority over the other, such as an inmate and a guard in a prison. But this does not tell the whole story of who may have sex with whom under Florida law.
Certain protections exist to prevent individuals who engage in consensual sexual relationships with peers close to their age from being convicted of sex crimes. A sex crime conviction carries steep penalties, such as fines, jail time, and the requirement that the defendant register with the Florida Sex Offender Registry. In Florida, it is legal for an individual between the ages of 16 and 23 to have a sexual relationship with an individual aged 16 or 17. It is also possible for an individual who was 18 years old or younger when he or she engaged in a consensual sexual relationship with another individual aged 14 to 18 to petition for removal from the state’s sex offender registry under Florida’s “Romeo and Juliet” law.
Lewd and Lascivious Battery
State Dating Laws In Cocoa-rockledge Flow
Lewd and lascivious battery is often known as statutory rape. It refers to any instance of an adult attempting to engage in sexual intercourse with a child aged 12 to 16, regardless of the adult’s age. This can be through persuasion, coercion, or manipulation, and the sexual act does not actually have to occur for the adult to be charged with lewd and lascivious battery. It is a second degree felony in Florida, punishable by 7.5 to 15 years in prison for first time offenders.
In some cases, the defendant’s age can play a role in his or her sentencing. Generally, if the defendant is under the age of 21 when he or she is sentenced, his or her age may be considered. However, there is no guarantee that one’s age will be considered in his or her sentencing for lewd and lascivious battery and often, other factors take precedence in the sentencing over the defendant’s age. Other factors that may be considered are the defendant’s mental health and whether the victim willingly provoked the sexual engagement with the defendant but, like the defendant’s age, these are not guaranteed to impact his or her sentencing and are not valid defenses against a charge.
Work with an Experienced Miami Sex Crimes Attorney
State Dating Laws In Cocoa-rockledge Florida
Age of consent in a sexual relationship can be a tricky topic. If you have been accused of any type of sexual misconduct involving an individual below the age of 18, work with an experienced criminal defense lawyer to defend your case. Our team at Ratzan & Faccidomo, LLC can help you create a strong defense for your case to help you avoid the life-changing penalties that can accompany a sex crime conviction. Do not wait to get started – contact our team to schedule your initial legal consultation with us today.