Unlawful Sexual Activity With a Minor (Ages 16-17) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

The Three Offenses

Unlawful sexual activity with certain minors (§ 794.05). Instruction 11.7: the State must prove you engaged in sexual activity with the person, that you were 24 or older, and that the person was 16 or 17. "Sexual activity" means oral, anal, or female genital penetration by, or union with, the sexual organ of another, or anal or female genital penetration by any other object. Second-degree felony (up to 15 years and $10,000).

Indecent, lewd, or lascivious touching of certain minors (§ 794.051). Instruction 11.7(a): you intentionally touched the person's breast, genitals, genital area, or buttocks, or the clothing covering them, in a lewd or lascivious manner, or forced or enticed the person to touch you that way; you were 24 or older; and the person was 16 or 17. Third-degree felony (up to 5 years and $5,000).

Written solicitation of certain minors (§ 794.053). Instruction 11.7(b): in writing, you solicited the person to commit a lewd or lascivious act; you were 24 or older; and the person was 16 or 17. The act does not have to happen. Third-degree felony. Texts and social-media messages are the usual proof.

What Is Not a Defense, and What Is

• Mistaken age is not a defense. Florida law says ignorance of age, a minor's lie about age, or a good-faith belief about age does not excuse the conduct.
• The teenager's past sexual conduct is not relevant in a § 794.05 prosecution.
• § 794.05 and § 794.051 do not apply to a 16- or 17-year-old who has had the disabilities of nonage removed under chapter 743. The written-solicitation statute has no such exception.
• Both ages are elements. The State must prove you were 24 or older and the other person was 16 or 17 on the date charged. If either age is different, these statutes do not apply, although other laws may.

Registration

§ 794.05 is on Florida's sexual offender registration list. A conviction can mean reporting in person to the sheriff within 48 hours of establishing a residence, and for years after. § 794.051 and § 794.053 are not on that list, which can make the exact charge, and any plea, critical. If a school employee, volunteer, or contractor commits a § 794.05 offense against a student of that school, the degree goes up one level.

How We Defend These Cases

• Proof of the act. Many cases have no physical evidence and rest on statements and messages.
• Dates, ages, and messages. When contact happened, who wrote the messages, and whether they are complete.
• How the evidence was gathered, including phone searches and recorded calls. See Motions to Suppress.

What to Do First

1. Stop all contact with the young person and the family.
2. Do not delete messages or accounts.
3. Do not talk to police. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and, for other charges, Sex Crimes Defense.

Frequently Asked Questions

What is the age of consent in Florida?

There is no single number in these statutes. Sexual activity with a person under 16 is covered by other laws. For 16- and 17-year-olds, § 794.05 makes it a felony when the other person is 24 or older.

The teen said they were 18. Does that help?

Not as a legal defense. It may still matter to how the case is negotiated.

Will I have to register?

For § 794.05, registration is likely on conviction. For the touching and written-solicitation offenses, the registration statute does not list them.