Unlawful Sexual Activity with Minors in Fort Lauderdale—What to Do If You’re Accused
Getting accused of unlawful sexual activity with a minor is scary. Even if you’re innocent, just the accusation can ruin your life. That’s why you need an experienced Fort Lauderdale unlawful sexual activity with minors lawyer on your side. Don’t go it alone against the powerful state prosecutors.
In this article, we’ll break down Florida’s unlawful sexual activity with certain minors law. We’ll look at the charges, penalties, and possible defenses. We want to empower you to make smart choices if you’re accused of this crime in Broward County.
Let’s get started.
The Unlawful Sexual Activity with Certain Minors Law in Florida
Florida Statute 794.05 makes it a second-degree felony to have consensual sex with a 16- or 17-year-old if you’re age 24 or older. This law aims to protect minors from predatory older adults.
But many people don’t realize the huge age gap required to break this law. For example, an 18-year-old having sex with a 16-year-old doesn’t violate 794.05. The accused must be 24 or older to face charges.
There are other requirements too. The minor must be 16 or 17-years-old to trigger charges under this statute. And the sexual activity has to be consensual. Sex crimes like sexual battery follow different laws with even harsher punishments.
Penalties for Breaking Florida Statute 794.05
Like all second-degree felonies in Florida, unlawful sexual activity with certain minors carries up to 15 years in prison. It also includes the possibility of 15 years sex offender probation. The judge sets the exact penalty based on the facts of your case and your prior record.
In addition to incarceration, this conviction brings lifelong sex offender registration. Your photo, name, and address go into a public database. You must keep your info current or face new felony charges.
Sex offender status brings many other penalties. For example, you may not live near schools, parks, or bus stops. Finding work and housing also becomes much harder. It’s a serious conviction with lifelong consequences.
Defending Against Charges of Unlawful Sexual Activity with a Minor
The penalties for breaking 794.05 are so severe that building a strong defense is crucial. Here are some common defenses Florida unlawful sex with a minor lawyers use:
- Mistake of age. If you reasonably believed the minor was 18 or older, this may get the charges dropped or reduced. This depends on the circumstances, like if they lied about their age or showed you a fake ID.
- Romeo and Juliet defense. If you’re within 4 years of age of the minor, you may avoid sex offender status under Romeo and Juliet laws. You still may serve jail time, however.
- No sexual activity occurred. If there’s no evidence you actually engaged in sexual acts with the minor, the charges should be dismissed.
- False accusations. Unfortunately, minors sometimes lie about sexual activity for various reasons. Your lawyer can investigate the accuser’s credibility and motives.
- Entrapment. This applies if police pressured you into committing a crime you otherwise wouldn’t. For example, an undercover cop posing online as an underage teen.
Your Fort Lauderdale criminal defense lawyer will thoroughly analyze the evidence and facts of your case. If they spot any weaknesses, they can file motions to get charges reduced or dismissed before trial.
Take These Steps if You’re Accused of Unlawful Sexual Activity with a Minor
If police contact you about 794.05 accusations, take these steps:
- Remain silent other than giving your name. Don’t try to explain yourself or give your side of the story. That can only hurt your case later on.
- Politely decline to answer further questions without your lawyer. Don’t resist arrest, but say you won’t answer more questions until your attorney is present.
- Contact a skilled criminal defense lawyer immediately. An experienced sex crimes attorney can start building your defense right away.
- Follow your lawyer’s advice exactly. They know how to protect your rights through every stage of the process.
- Avoid talking about your case with anyone except your lawyer. Prosecutors can use anything you say against you.
- Be patient and trust your lawyer. These cases take time to build an effective defense strategy. Rushing can backfire.
Fort Lauderdale Attorneys Focused on Defending Clients Accused of Unlawful Sexual Activity with Minors
The lawyers of My Firm focus on defending those accused of sex offenses, including 794.05. We’re compassionate advocates who believe in justice, not just convictions.
Our firm provides strong, personalized representation for clients in Broward County and throughout South Florida. We have decades of experience defending complex sex crime accusations.
We dig deep investigating the facts, analyzing the evidence, and identifying procedural mistakes by police and prosecutors. When we spot weaknesses in the state’s case, we attack aggressively to get charges reduced or dismissed pre-trial if possible.
If charges stick, we keep fighting all the way through trial. We’ve won “not guilty” verdicts for many clients facing serious sex offense charges. Our thorough prep work, tough cross-examinations, and emotional closing arguments give clients their best shot at acquittal.
Don’t Gamble with Your Future—Contact Our Fort Lauderdale Unlawful Sexual Activity with Minors Lawyers Today
Defending against unlawful minor sex charges in Broward County requires an experienced lawyer. The consequences of conviction are incredibly harsh.
Don’t leave your fate to an overworked public defender. Our firm provides the focused defense these complex cases require.
We offer free case reviews for those accused of violating 794.05. Call [phone] or contact us online to schedule your consultation today. The sooner you have skilled legal counsel advising you, the better.