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

Asked over 4 years ago - Miami, FL

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_...
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. Michael Christopher Grieco

    Contributor Level 14

    Answered . 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. Jennifer Ann Jacobs

    Contributor Level 16

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

28,289 answers this week

3,054 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,289 answers this week

3,054 attorneys answering