Age of Consent in Florida: What the Law Says in 2026

The age of consent in Florida is generally 18, but Florida’s sexual-offense laws are more complicated than simply applying one age to every situation.

Florida law contains specific provisions concerning people under 16 and separate restrictions involving 16- and 17-year-olds. In particular, Florida Statute § 794.05 makes certain sexual activity between a person 24 or older and a person who is 16 or 17 a second-degree felony.

This means it is important to consider the ages of both people, the type of sexual conduct involved, and the circumstances before determining whether conduct is lawful.

What Is the Age of Consent in Florida?

Florida does not have a simple rule that makes all sexual activity involving someone 16 or older lawful.

For sexual activity involving people under 16, Florida has specific criminal statutes. Florida Statute § 800.04 prohibits certain lewd or lascivious offenses involving persons under 16, including sexual activity with a person who is 12 or older but under 16.

Florida also has a separate statute covering certain sexual activity involving people who are 16 or 17. Under § 794.05, a person 24 years of age or older who engages in specified sexual activity with a 16- or 17-year-old commits a second-degree felony.

Therefore, simply stating “Florida’s age of consent is 18” without explaining these provisions can give readers an incomplete picture.

Florida Age of Consent at a Glance

Florida’s statutes also address particular types of sexual conduct beyond sexual intercourse.

What Happens if the Person Is Under 16?

Florida law provides strong statutory protections for people under 16.

Under Florida Statute § 800.04, a person can commit lewd or lascivious battery by engaging in sexual activity with a person who is 12 or older but less than 16. The statute classifies the offense as a felony, subject to specific statutory exceptions and enhanced provisions.

The statute also provides that the victim’s consent is not a defense to the offenses covered by the section. It further states that ignorance of the victim’s age or the victim’s misrepresentation of age cannot be used as a defense under that section.

What About a 16-Year-Old?

A 16-year-old is treated differently under Florida law from someone under 16.

However, this does not mean that every sexual relationship involving a 16-year-old is automatically lawful.

Florida Statute § 794.05 provides that a person 24 years of age or older who engages in specified sexual activity with a person who is 16 or 17 commits a second-degree felony.

The statute defines “sexual activity” to include certain oral, anal, and genital penetration.

What About a 17-Year-Old?

The same statute applies to a person who is 17 years old.

Under § 794.05, a person 24 or older who engages in the sexual activity defined by the statute with a 17-year-old commits a second-degree felony.

This is an important distinction because readers sometimes assume that turning 16 makes every sexual relationship with an adult legal in Florida.

That assumption is incorrect.

What If the Older Person Is 24 or Older?

This is one of the most important provisions in Florida’s law.

Florida Statute § 794.05 specifically provides that a person 24 years of age or older who engages in the specified sexual activity with a person 16 or 17 years old commits a second-degree felony.

The statute is therefore particularly important when there is a substantial age difference between the two people.

What If the Older Person Is Under 24?

Section 794.05 specifically addresses a person who is 24 or older and a 16- or 17-year-old.

That does not mean that every situation involving an older person under 24 is automatically lawful. Other Florida criminal statutes can apply depending on the age of the younger person, the conduct, coercion, exploitation, authority relationship, and other circumstances.

The specific facts should therefore be evaluated under the applicable statutes.

Does Consent Matter in Florida?

Consent is an important legal concept, but it does not override Florida’s statutory protections for minors.

For offenses covered by Florida Statute § 800.04, the statute expressly states that the victim’s consent is not a defense.

This means that a minor’s willingness to participate does not necessarily make conduct lawful.

Florida law also separately addresses situations involving coercion, threats of force, exploitation, or intimidation.

Does Florida Have a Romeo and Juliet Law?

Florida’s laws should not be described as having a single broad “Romeo and Juliet” exception that makes all close-in-age relationships lawful.

The statutes instead contain specific age-based provisions.

For example, § 794.05 specifically concerns people who are 24 or older engaging in defined sexual activity with people aged 16 or 17.

Other provisions apply to people under 16.

Therefore, the ages of both people must be considered rather than relying on a general close-in-age rule.

What About Sexual Touching of a 16- or 17-Year-Old?

Florida law also contains a separate statute addressing certain sexual touching involving 16- and 17-year-olds.

Under Florida Statute § 794.051, a person 24 or older who intentionally touches certain intimate areas of a 16- or 17-year-old in a lewd or lascivious manner, or forces or entices the minor to do so, commits a third-degree felony.

This demonstrates why the legal analysis should not focus only on sexual intercourse.

What About Written Sexual Solicitation?

Florida also has a specific offense concerning certain written solicitations involving 16- and 17-year-olds.

Under Florida Statute § 794.053, a person 24 or older who solicits a 16- or 17-year-old in writing to commit a lewd or lascivious act commits a third-degree felony.

Therefore, certain communications can create criminal liability even when the issue does not involve sexual intercourse.

What About Sexual Images of Minors?

Age-of-consent laws should not be confused with laws governing sexual images of minors.

A person should not assume that because a minor is 16 or 17, it is automatically legal to create, request, possess, or distribute sexually explicit images involving that person.

Federal and Florida laws concerning child sexual exploitation and sexual images can create separate criminal offenses.

The rules governing sexual images can also differ from the rules governing consensual sexual activity.

Can an Adult Be Charged Even If the Minor Agreed?

Yes, depending on the statute involved.

For example, Florida Statute § 800.04 expressly states that the victim’s consent is not a defense to the offenses covered by that section.

Similarly, § 794.05 establishes criminal liability based on the ages of the people involved and the specified sexual activity.

Therefore, an adult should not assume that a minor’s agreement automatically eliminates criminal liability.

What Are the Penalties?

The potential penalties depend on the specific offense.

For example:

• Certain sexual activity with a person under 16 can constitute a second-degree felony under § 800.04.
• A person 24 or older engaging in specified sexual activity with a 16- or 17-year-old can commit a second-degree felony under § 794.05.
• Certain lewd or lascivious touching involving a 16- or 17-year-old by a person 24 or older is a third-degree felony under § 794.051.
• Certain written solicitation involving a 16- or 17-year-old by a person 24 or older is a third-degree felony under § 794.053.

Additional consequences may apply depending on the offense and the defendant’s circumstances.

Frequently Asked Questions

What is the age of consent in Florida?

Florida’s law cannot be accurately reduced to one number for every situation. Special criminal provisions apply to people under 16, while § 794.05 creates specific criminal liability for certain sexual activity between a person 24 or older and a person aged 16 or 17.

Can a 16-year-old legally consent to sex in Florida?

The answer depends on the ages of both people and the circumstances. In particular, Florida Statute § 794.05 makes certain sexual activity involving a person 24 or older and a 16- or 17-year-old a second-degree felony.

Can a 24-year-old have sex with a 16-year-old in Florida?

Certain sexual activity between a person 24 or older and a 16-year-old is a second-degree felony under Florida Statute § 794.05.

Can a 23-year-old have sex with a 17-year-old?

Section 794.05 specifically applies to a person 24 or older. However, other Florida laws may apply depending on the person’s age, the conduct, and the circumstances. A specific situation should be reviewed under the applicable Florida statutes.

Does a minor’s consent make sexual activity legal?

Not necessarily. Florida Statute § 800.04 expressly states that the victim’s consent is not a defense to offenses covered by that section.

Is Florida’s age of consent 16 or 18?

This is why the common one-number answer can be misleading. Florida has specific age-based criminal statutes rather than a simple rule that makes every sexual relationship involving someone 16 or older lawful.

Can sexual touching also be illegal?

Yes. Florida Statute § 794.051 separately addresses certain lewd or lascivious touching involving 16- and 17-year-olds when the offender is 24 or older.

Final Takeaway

Florida’s age-of-consent laws require more than simply looking at one number.

People under 16 receive specific statutory protections, and Florida law criminalizes certain sexual activity involving this age group.

For people aged 16 or 17, Florida Statute § 794.05 is particularly important: a person 24 or older who engages in the sexual activity defined by the statute commits a second-degree felony.

Florida also separately regulates certain sexual touching and written solicitation involving 16- and 17-year-olds.

Because multiple statutes can apply depending on the ages, conduct, and circumstances, anyone dealing with a specific situation should consult a qualified Florida attorney.

This article provides general legal information and is not legal advice. Florida law can change, and the outcome of a particular case depends on its specific facts.