Those who break the law have committed statutory rape.Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.Their incapacity is written into the statute—hence the term “statutory” rape.
Florida statutory rape law is violated when a person has consensual sexual intercourse with an individual under Age 18.
Close in age exemptions exist, allowing minors aged 16 or 17 to engage in sexual intercourse with a partner no older than age 23. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.
Depending on the situation, the Florida close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
The age of consent in Florida is 18, but close in age exemptions exist.
By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.
794.05 Unlawful sexual activity with certain minors.-- (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.Florida has four statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state.One or more of these charges may be used to prosecute violations of the Florida Age of Consent, as statutory rape or the Florida equivalent of that charge.The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. In Florida, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual.