What is Unlawful Sexual Activity with Certain Minors in Florida?

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, Unlawful Sexual Activity with Certain Minors (Fla. Stat. 794.05) is a very serious criminal offense. However, it is not well known and often misunderstood. This blog will answer frequently asked questions about Unlawful Sexual Activity with Certain Minors in Florida.

#1 – What is Unlawful Sexual Activity with Certain Minors?

Unlawful Sexual Activity with Certain Minors occurs when someone 24 or older illegally engages in sexual activity with a minor that is either 16 or 17 years old. It is prohibited by Fla. Stat. 794.05.

#2 – What must be proven for someone to be guilty?

For someone to be guilty of Unlawful Sexual Activity with Certain Minors, the State must prove all of the following beyond a reasonable doubt:

• The defendant engaged in sexual activity with the victim
• The victim was either 16 or 17 years old
• The defendant was 24 years old or older

#3 – How is “sexual activity” defined in the statute?

“Sexual activity” means either (or both) of the following:

• Oral, anal, or female genital penetration by, or union with, the sexual organ of another, or 
• Anal or female genital penetration of another by any other object (including a finger, per (Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013))

Sexual activity does not include acts for a bona fide (legitimate) medical purpose, such as a surgery or routine screening. 

#4 – What is the difference between union and penetration in the statute?

“Union” involves the physical contact of the genitals or an object with a relevant portion of the victim’s anatomy (mouth, anus, vagina). “Penetration” requires actual entry into the relevant anatomical part. Seagrave v. State, 802 So. 2d 281 (Fla. 2001).

Courts have been clear that either union or penetration can satisfy the statute if proven – the State must prove only one for a conviction. Wright v. State, 739 So. 2d 1230 (Fla. 1st DCA 1999).

#5 – Is Unlawful Sexual Activity with Certain Minors a felony?

Yes, Unlawful Sexual Activity with Certain Minors is a second-degree felony – punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.

#6 – Does it require registration as a sex offender?

Yes, conviction requires registration as a sex offender. Moreover, someone found guilty is ineligible to file a “Romeo and Juliet” petition – as the offense inherently requires that the defendant be more than four years older than the victim.

For more information on sexual offender and sexual predator designation in Florida, click here.

#7 – What if the alleged victim was emancipated?

This is a valid defense to a charge of Unlawful Sexual Activity with Certain Minors. According to Fla. Stat. 794.05(3), the law does “not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.” 

This is popularly referred to as “emancipation,” and involves granting a child 16 years or older legal independence from their parents. If a 16 or 17 year old has gone through this process, they can consent to sex.

#8 – What if the alleged victim had previously had sex with adults?

This does not matter – Fla. Stat. 794.05(4) specifically provides that “the victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.” As a result, someone cannot point to the sexual history of the victim to argue they should not be convicted.

#9 – What if the alleged victim consented to the sex?

This also is irrelevant – the statute criminalizes “consensual” sex between an adult 24 or older and a 16 or 17 year old minor. If the sex was done against the will of the minor, this is likely to be charged as sexual battery, rather than Unlawful Sexual Activity with Certain Minors.

For more information on sexual battery charges in Florida, click here.

#10 – What if the defendant thought the victim was an adult?

This is not a lawful defense to the charge, as mistake of age is not recognized as a legal defense in Florida. If the prohibited sexual activity is proven to have occurred beyond a reasonable doubt, someone must be convicted. Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006)

#11 – What defenses are available to Unlawful Sexual Activity with Certain Minors charges?

There are various defenses to Unlawful Sexual Activity with Certain Minors, which may include:

• Lack of sexual activity (no penetration or union)
• False allegations
• Alibi/mistaken identity
• Procedural defenses (e.g. motions to suppress, dismiss)
• The minor was an adult at the time/outside the age range in the statute
• The minor was emancipated
• Lack of evidence

In sum, Unlawful Sexual Activity with Certain Minors (Fla. Stat. 794.05) is a serious second-degree felony offense in Florida. By understanding the answers to the above FAQs, someone will be significantly better informed regarding the nature of this charge.

If someone is accused of Unlawful Sexual Activity with Certain Minors, it is critical to find experienced and trusted legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term, hefty fines, and whether they are required to register as a sex offender for the rest of their life.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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