“But She Said She Was 18!” Is It a Defense If a Minor Lies About Their Age?
In Florida, if the person you had sex with was under the age of consent, it doesn’t matter what they told you. Even if they flashed ID, insisted they were older, or outright lied, the law doesn’t care. That misrepresentation isn’t your escape hatch.
“But that’s unfair!” you might be thinking. At Drew Fritsch Law Firm, P.A., we can totally understand your frustration. If you think you made an honest mistake and now your whole life is hanging by a thread, you might want to lawyer up and discuss your options.
Florida’s Statutory Sex Crimes
Florida law treats statutory sex offenses as strict liability. Meaning? Even if a minor misrepresented their age or you genuinely believed they were an adult, it’s still illegal. If the minor is under age 16, lewd or lascivious battery, molestation, or exhibition (according to Florida Statutes § 800.04) applies. For 16 or 17-year-olds, if the adult is 24 or older, it’s unlawful sexual activity with certain minors (Florida Statutes § 794.05). Ignorance or deception about age is not a recognized defense.
What Makes Florida Different
Consent? Doesn’t matter.
Belief they were 18? Irrelevant.
Their lies? Not your legal shield.
Even if you have digital proof or text messages, Florida doesn’t care about honesty. All it cares about is age. The reason is simple: Florida prioritizes protecting minors over the trickiness of truth in the adult’s mind.
The Romeo and Juliet Exception as the Potential Relief
Florida does offer one narrow silver lining: the Romeo and Juliet law. This applies only when both individuals are close in age. Namely, the minor is between 14 and 17, and the older partner is no more than four years older. The big win? You can avoid mandatory sex offender registration, though you still may face conviction.
That registration exemption doesn’t erase your record, but it can limit lifelong consequences. This exception is very specific, narrowly construed, and must be legally petitioned with the assistance from a Punta Gorda sex crime lawyer who knows what he’s doing.
Why You Still Need Defense
This isn’t about defending what Florida forbids. It’s about protecting what’s important in your life afterward. A skilled attorney can:
- Ensure your actions and messaging don’t unwittingly harm you
- Examine whether consent or even sexual activity happened at all
- Challenge credibility or find procedural errors
- Apply for Romeo and Juliet relief if you qualify
- Possibly negotiate lesser charges or divergent plea options
In these cases, the only viable path is defending your rights in how the law applies to your circumstances.
Drew Fritsch Law Firm, P.A. Handles These Cases
At Drew Fritsch Law Firm, P.A. we’re realists. We understand how people make mistakes. We also understand how the law in Florida doesn’t. We offer hands-on case evaluation, tactical negotiation, and the strongest representation you deserve.
If you’re facing sex crime charges, don’t wait to act. Contact Drew Fritsch Law Firm, P.A. today because your future shouldn’t hinge on someone’s dishonesty. Call now at 941.205.3535 to discuss what we can do to help.
Based in Punta Gorda, Drew Fritsch Law Firm, P.A. also provides criminal defense services throughout Charlotte, Lee, Collier, and Sarasota Counties.
Source:
flsenate.gov/Laws/Statutes/2021/0800.04
