Don Waggoner Law

Orlando and Kissimmee Criminal Defense Lawyer and DUI Attorney

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SEX offenses | Statutory Rape

Florida Statute 794.05 Unlawful sexual activity with certain minors.


STATUTORY RAPE is the common name for sex crimes involving consenting teenagers who are not yet of age as set by the legislature. If both partners are underage, both can be charged. It is unlawful for anyone to have sex with or commit a lewd act upon a person older than 12 but younger than 16, even if consent was given. A person between 16 & 18 years of age may lawfully have consensual sex with someone who is at least 16, but not older than 23. A person over 18 is considered of legal age. However, it is unlawful for anyone to make or have in their possession any nude or lewd photo or other depiction of a person that is not 18, whether permission was given or not.


You can find the statute and more information at 794.05 Unlawful sexual activity with certain minors.

If you have been accused of Statutory Rape, or feel you may be, do not talk to anyone other than an attorney about it.  Anything you say, even to DCF, your wife, your priest/pastor, or your parents can and will be used against you.  You will not be forgiven and let go just because you told the truth.  You must speak with an attorney first.


On various websites, questions concerning this statute are asked most often.  This is the lowdown concerning sex or petting activity with any person under the age of 18:

Generally, kissing and petting are not crimes with persons over the age of 12, so long as actual penetration or touching of the genitals does not occur.  If the child is over the age of 16, but less than 18, the penetration or touching of the genitals may occur (they can have sex) so long as the other person is younger than 24.  Once the child turns 18, she is free to make her own decisions regarding sex.

Remember though, if the child is not yet 18, there may be some other laws that could come into play.  One might be contributing to the delinquency of a minor.
Well, you say, I am 17 and my girlfriend is 15.  Can we have sex?  The answer is no.  You can kiss and fool around, but you may not penetrate her orally, anally, or vaginally with your penis.  You also may not touch her breasts, buttocks, genitals, or genital area, even over her clothing, in a lewd or lascivious manner.  See 800.04  Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.


Ignorance of the child’s age is not a legal defense.
If you have been accused of Statutory Rape, or believe that you might be accused, call Orlando and Kissimmee Sex Crimes Defense attorney Don Waggoner as soon as possible for a free consultation.  There are several possible favorable resolutions to the charge of Statutory Rape.  Orlando and Kissimmee Sex Crimes Attorney Don Waggoner can advise you as to the best course of action and guide you through the legal process.
One other thing:


If you are being investigated for Statutory Rape, call Orlando and Kissimmee Sex Crimes Defense lawyer Don Waggoner before you speak to anyone, or, if you have already spoken with authorities, before you speak to anyone else.

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