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I'm 23 she's 17. Am I breaking the law?

Orlando, FL |
Filed under: Criminal defense

I'll be 23 in a few months and the girl I'm interested in turned 17 back in January. Since she'll be 18 prior to me being 24, am I breaking any laws by pursuing her? What if there is no fornication? and of course, what if there is? Is this the kind of thing FL Statue 794.05 Unlawful sexual activity with certain minors refers to?

Thank You!

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Attorney answers 4


If you turn 24 before she turns 18, you may have a few months of possible crimes until she turns 18. If she turns 18 before your birthday, you will be legal at all times.

Right now? No problem at all!

Be careful! You may be legal, then criminal, and then legal again!

This law makes little sense sometimes, but it made things much fairer in a serious crime


I agree 100% with Mr. Scott. Right now you are legal, but can turn criminal depending on whose birthday is first. It could be legal for months, then illegal for months, then legal again. The law makes little sense, and will never make sense for political reasons. I believe the statute you cited is the correct one.


Just play it safe and wait. Not worth the heartache if you get charged.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.



I very much respect your view, but legally speaking, I'm in no way in the wrong, correct?

Roger Scott Jr.

Roger Scott Jr.


Not now, but be careful. If the birthdays are in the wrong order, you could be doing 15 years!


I agree 101% with Mr. Scott.

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