Florida Romeo and Juliet Law: Age of Consent, Close-in-Age Rules, and Penalties
Florida sets the age of consent at 18 but carves out a well-known 'Romeo and Juliet' exception in Florida Statute § 794.05 for 16- and 17-year-olds whose partner is under 24. The statute does not erase the underlying offense; it provides a path to remove a defendant from the sex-offender registry and reduces charging exposure in qualifying cases. This page covers how the Florida exception works, what conduct it never covers, the felony exposure that still applies to non-protected relationships, and the specific registry-removal petition codified in § 943.04354.
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1. Does Florida Have a Romeo and Juliet Law?
Yes. Florida's Romeo and Juliet provision is found at Florida Statute § 794.05 ('unlawful sexual activity with certain minors'). Read together with § 943.04354 (the registry-removal petition), it allows partners 16 or 17 with someone under 24 to avoid the harshest collateral consequence — mandatory lifetime registration — when the relationship was consensual and the age gap fits the formula. Critically, the statute does not decriminalize the conduct; it provides post-conviction registry relief and influences plea negotiations.
2. Age of Consent in Florida
The general age of consent in Florida is 18, but the practical floor for criminal exposure is 16 because § 794.05 only applies to 16- and 17-year-olds. Sexual activity with a person under 16 is a separate, more serious offense under § 800.04 (lewd or lascivious battery) regardless of age gap. The combination of these statutes means that the practical 'age of consent' in Florida is often described as 18 for adults 24 and older and 16 for adults under 24 — a structure unique to Florida among large states.
3. Close-in-Age Exception Explained
Section 794.05 makes it a second-degree felony for someone 24 or older to engage in sexual activity with a 16- or 17-year-old. The flip side is that someone under 24 who engages in consensual activity with a 16- or 17-year-old is not subject to that statute. They can still face other charges if other elements (force, drugs, position of authority) are present, but the core 'statutory rape' exposure shrinks dramatically. Section 943.04354 then provides a registry-removal petition for defendants whose offense qualifies under the age formula and was consensual.
4. Legal Age Gap Rules
The Florida formula is: minor must be 16 or 17, partner must be under 24, conduct must be consensual. There is no maximum age gap as long as the partner is under 24 — a 17-year-old and a 23-year-old is inside the exception even though the gap is 6 years. A 15-year-old with a 17-year-old falls outside because the minor is under 16, triggering § 800.04 instead. A 16-year-old with a 25-year-old falls outside because the partner is 24+, triggering § 794.05's felony provision.
5. What Is Not Protected?
Several scenarios receive no protection under Florida's Romeo and Juliet framework:
- Any contact with a minor under 16 — § 800.04 applies and treats the conduct as lewd/lascivious battery (second-degree felony) regardless of age gap
- Any contact by a partner 24 or older with a 16- or 17-year-old — § 794.05 makes this a second-degree felony with lifetime registration
- Conduct involving force, threats, drugs, incapacitation, or a position of familial/custodial authority — separate sexual-battery statutes under § 794.011
- Production, possession, or transmission of sexual images of any minor under 18 — felony exposure under § 827.071 with no age-gap exception
- Use of computer services to solicit a minor — § 847.0135 with its own enhanced penalties
6. Examples
A 22-year-old and a 17-year-old in a consensual relationship are reported by the minor's parent.
Likely outcome: Inside the § 794.05 carve-out — partner is under 24 and minor is 16+. The § 794.05 statute does not apply; other charges are unlikely if the relationship was consensual and no aggravating facts exist.
A 25-year-old has a consensual sexual relationship with a 17-year-old.
Likely outcome: Outside the carve-out — partner is 24+. The 25-year-old faces a second-degree felony under § 794.05 (up to 15 years prison) and mandatory lifetime registration absent post-conviction relief.
A 19-year-old has consensual contact with a 15-year-old.
Likely outcome: Outside the carve-out — minor is under 16. Charged under § 800.04 as lewd or lascivious battery, a second-degree felony with sex-offender registration on conviction.
7. Possible Penalties
Florida statutory offenses are felonies — Florida does not have a misdemeanor 'unlawful sex with a minor' tier the way California does. The penalty depends on which statute applies, and registration consequences often outweigh prison exposure in real-world impact.
| Charge | Penalty Range |
|---|---|
| Unlawful sexual activity with minor — § 794.05 (partner 24+ with 16/17 yr old) | Second-degree felony: up to 15 years state prison, $10,000 fine, and lifetime registration. |
| Lewd or lascivious battery — § 800.04(4) (minor 12-15) | Second-degree felony: up to 15 years prison plus mandatory registration. |
| Lewd or lascivious molestation — § 800.04(5) (minor under 12) | First-degree felony or life felony depending on offender age; mandatory registration. |
| Sexual battery — § 794.011 | Capital, life, or first-degree felony depending on facts; mandatory registration. |
| Sexting (minor) — § 847.0141 | First offense by a minor is a noncriminal violation; subsequent offenses escalate to misdemeanor and felony levels. |
8. Sex Offender Registration Risk
Florida's registry is administered by FDLE and is one of the strictest in the nation, with lifetime registration the default for every sexual offense conviction. Section 943.04354 provides a registry-removal petition for defendants whose offense fits the Romeo and Juliet formula: the minor was 14-17, the offense was consensual, the age gap was 4 years or less, and the conviction was for a qualifying offense. The petition is filed in the sentencing court and requires a hearing. Approval is not automatic — judges weigh the facts and may deny relief even when the formula technically fits. For people convicted before § 943.04354 was enacted in 2007, the petition is retroactive.
9. Official Statute Sources
Primary Florida statutes and official government resources cited in this guide:
- Florida Statute § 794.05 — Unlawful sexual activity with certain minorsFla. Stat. § 794.05View official source
- Florida Statute § 800.04 — Lewd or lascivious offensesFla. Stat. § 800.04View official source
- Florida Statute § 943.04354 — Removal of registration requirement (Romeo and Juliet)Fla. Stat. § 943.04354View official source
- FDLE Sexual Offender / Predator RegistryFlorida Department of Law EnforcementView official source
10. When to Talk to a Lawyer
Anyone charged under § 794.05 or § 800.04 — or whose existing conviction might qualify for § 943.04354 registry removal — should consult a Florida criminal-defense attorney. The registry-removal petition is technical, requires careful documentation of the original facts, and is denied if the paperwork is incomplete. Pre-charge consultation can also influence whether a case is filed under § 794.05 (lower exposure) or § 800.04 (higher exposure) when the facts are borderline.
11. Frequently Asked Questions
Frequently Asked Questions
Sources & Legal Citations
This article references official government publications, state statutes, and reputable legal databases. Statutes change — always verify with a current primary source or licensed attorney.
- 1. Florida Statute § 794.05 — Unlawful sexual activity with certain minorsFla. Stat. § 794.05View source
- 2. Florida Statute § 800.04 — Lewd or lascivious offensesFla. Stat. § 800.04View source
- 3. Florida Statute § 943.04354 — Removal of registration requirement (Romeo and Juliet)Fla. Stat. § 943.04354View source
- 4. FDLE Sexual Offender / Predator RegistryFlorida Department of Law EnforcementView source