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Florida sex laws 18 year old having sex with a 16 year old?

Miami, FL |
Filed under: Criminal defense

I live in the state of Florida, I am an 18 year old male and have a girlfriend who is 16 years old. We talked about the possibilities of getting sexual. Is it possible for her parents to press charges if we do have sex? (p.s. I did my own research and searched up Florida's statutes information should be here http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0794/ch0794.htm
but what i dont understand is section 8 (a)&(b) of 794.011 Sexual battery and 794.05 Unlawful sexual activity with certain minors, they seem to contradict?) I need clarity on this topic please!

Thanks in advanced.

Attorney Answers 2


  1. If you are 18 and she is 16, then per FL law sexual activity is legal. Subsections 8a and 8b of 794.011 apply to those in a familial or custodial relationship. As long one is under 24, a relationship with one 16 and up is ok.


  2. Mr. Grieco is correct. Here is what you need to know:

    A person under 16 cannot legally consent to sex with anyone.
    A person who is 16 or 17 can legally consent to sex with someone who is 16-23.
    A person who is 18-23 can legally have sex with anyone 16 or older.
    A person 24 or older can legally have sex with anyone 18 or older.

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