Unlawful Sexual Activity in Florida: Statute 794.05 and Penalties

In Florida, “unlawful sexual activity” most precisely refers to the offense in Section 794.05: an adult 24 or older who engages in oral, anal, or vaginal sexual activity with a 16- or 17-year-old commits a second-degree felony punishable by up to 15 years in prison.¹ That statute sits inside a much broader set of Florida laws criminalizing sexual conduct, and depending on the ages of the people involved, the presence of force, and the relationship between them, other statutes carrying heavier penalties often apply instead.

The Core Offense Under Section 794.05

Section 794.05 is what most people mean when they ask about “unlawful sexual activity” in Florida. Three elements matter:

The older person is 24 or older.
The younger person is 16 or 17.
The activity is oral, anal, or vaginal sexual contact.

Force is not required. Consent is not a defense. The minor’s prior sexual history cannot be raised at trial. The age difference and the act itself are the whole offense.¹

The statute leaves a gap that surprises many people. A 20- or 22-year-old who has sex with a 17-year-old is not charged under 794.05, because the older participant is below 24. That does not automatically make the conduct legal — depending on the circumstances, other statutes can still apply — but the legislature reserved this specific felony for adults with a significant age gap over older teens.

If the offense results in the victim giving birth, paternity can be established and the offender ordered to pay child support.¹

Florida’s Age of Consent Is 18

Any sexual activity involving someone under 18 can produce criminal charges for the older participant. Which statute applies, and how harshly it is punished, depends on the specific ages.² That is higher than in Georgia or Alabama, both of which set their age of consent at 16.

Florida’s “Romeo and Juliet” law is narrower than the name suggests. It does not decriminalize consensual sex between teenagers. It allows certain young offenders to petition, after conviction, for relief from sex offender registration. The underlying conduct — sexual activity with someone 15 or younger — remains a crime even when both participants are minors and the act was consensual.² In some other states, close-in-age exceptions prevent prosecution outright. Florida’s does not.

Sexual Battery

Sexual battery under Section 794.011 is Florida’s term for what most people call rape. It covers any non-consensual oral, anal, or vaginal penetration or union with another person’s sexual organ.³ The statute treats these situations as non-consensual regardless of what the victim said or did:

The offender used or threatened violence likely to cause serious injury.
The victim was physically helpless, mentally incapacitated, or too intoxicated to give meaningful consent, even if the accused did not know about the condition.
The offender held custodial or law enforcement authority over the victim.

Penalties climb with the victim’s age and the level of force. When the victim is under 12 and the offender is 18 or older, the offense is a capital felony carrying mandatory life without parole.³ Sexual battery involving force or a weapon is typically a first-degree felony punishable by up to 30 years. Cases without aggravating factors may be classified as second-degree felonies carrying up to 15 years.

Lewd or Lascivious Offenses Against Children Under 16

Section 800.04 covers sexual misconduct involving children under 16 that does not necessarily involve penetration. The offense is tiered by the nature of the conduct:

Lewd or lascivious battery covers sexual activity with a child between 12 and 15, or encouraging a child under 16 into prostitution or other sexual acts. It is a second-degree felony carrying up to 15 years in prison and a $10,000 fine.⁴
Lewd or lascivious molestation covers intentional touching of intimate areas of a child under 16, or causing a child to touch the offender. When an adult molests a child under 12, the charge is a life felony.⁴
Lewd or lascivious exhibition covers intentionally exposing genitals to a child under 16 or forcing a child to expose themselves. It is a second-degree felony for adult offenders and a third-degree felony (up to five years) for offenders under 18.

The younger the victim and the older the offender, the more severe the sentence.

When Consent Is Not a Defense

Several Florida statutes remove consent from the picture entirely because of the power dynamic or the victim’s capacity.

Section 825.1025 makes it illegal to engage in sexual activity with an elderly or disabled person who lacks the mental capacity to consent.⁵

Section 944.35 prohibits any sexual contact between correctional staff and inmates. Consent is not a defense.⁶

Section 491.0112 makes sexual contact between a psychotherapist and a client a third-degree felony for a first offense and a second-degree felony for any subsequent offense. The client’s consent is irrelevant under the statute.⁷

Sentencing Enhancements

Florida layers additional punishment on top of the base penalties for many of these offenses.

The “10-20-Life” law applies when a firearm is used during a qualifying felony, and sexual battery is on that list. Possessing a firearm during a sexual battery triggers a 10-year mandatory minimum. Firing it raises the minimum to 20 years. Causing injury with it means a minimum of 25 years to life.⁸

Under the Florida Sexual Predators Act, Section 775.21, people classified as sexual predators — typically repeat offenders or those who used violence — face enhanced penalties and lifetime supervision after release.⁹ The Criminal Punishment Code also imposes mandatory minimums for offenses involving young victims or repeat offenders, limiting how much a plea deal can reduce actual prison time.

Registration, Residency, and Travel

A qualifying conviction triggers lifetime sex offender registration under Section 943.0435. You must report in person to the sheriff’s office in your county within 48 hours of establishing residency or being released from state custody, and any change in residence, employment, vehicle, or online identifiers must be reported within 48 hours. Standard offenders re-register twice a year; those classified as sexual predators re-register four times a year. Failing to register or updating your information falsely is itself a third-degree felony punishable by up to five years.¹⁰

Registration is presumptively for life. The earliest a person can petition a circuit court for removal is 25 years after release from confinement, supervision, or sanctions, whichever came last, with no arrests during that entire period. The court can still deny relief even when every criterion is met.¹¹

State law also prohibits people convicted of certain sex crimes against victims under 16 from living within 1,000 feet of any school, child care facility, park, or playground.¹² Many cities impose wider buffers on top of that.

Federal consequences follow. The Sex Offender Registration and Notification Act requires notice to the departing jurisdiction before an interstate move and in-person registration in the new state within three business days of arrival; noncompliance is a separate federal offense carrying up to 10 years.¹³ Under International Megan’s Law, registrants whose victims were minors must self-identify when applying for a passport, receive a passport book stamped with an identifier, and cannot obtain passport cards.¹⁴

Civil Suits and Other Consequences

A criminal case and a civil case are separate tracks. A victim can sue for damages — medical bills, therapy, lost wages, pain and suffering — whether or not criminal charges are filed. The civil burden of proof is lower (preponderance of the evidence), so cases that never produce a conviction can still result in judgments. When the victim was under 16 at the time, Florida imposes no time limit on filing a civil claim.

Professional licenses in healthcare, education, law enforcement, and counseling are routinely revoked or denied after a qualifying conviction. For non-citizens, sexual offenses generally qualify as crimes involving moral turpitude or aggravated felonies under federal immigration law, either of which can trigger deportation and bar future admission. Employment, housing, and custody outcomes are affected for years, often permanently, and the 25-year floor before even asking to leave the registry means a conviction reshapes daily life long after any sentence has ended.

1
Florida Senate. Florida Code 794.05 – Unlawful Sexual Activity With Certain Minors
2
Florida Senate. Examine Florida’s Romeo and Juliet Law
3
Florida Senate. Florida Code 794.011 – Sexual Battery
4
Florida Senate. Florida Code 800.04 – Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less Than 16 Years of Age
5
Florida Senate. Florida Code 825.1025 – Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly Person or Disabled Person
6
Florida Senate. Florida Statutes 944.35 – Authorized Use of Force; Malicious Battery and Sexual Misconduct Prohibited; Reporting Required; Penalties
7
Florida Senate. Florida Statutes 491.0112 – Sexual Misconduct by a Psychotherapist; Penalties
8
The Florida Legislature. Florida Statutes 775.087
9
Florida Senate. Florida Statutes 775.21 – The Florida Sexual Predators Act
10
Florida Senate. Florida Statutes 943.0435 – Sexual Offenders Required to Register With the Department; Penalty
11
The Florida Legislature. Florida Statutes 943.0435 – Sexual Offenders Required to Register With the Department; Penalty
12
Florida Senate. Florida Statutes 775.215 – Residency Restriction for Persons Convicted of Certain Sex Offenses
13
eCFR. Part 72 – Sex Offender Registration and Notification
14
U.S. Department of State. Passports and International Megan’s Law