Under Florida Statute Section 794.05, unlawful sexual activity with a minor occurs when an individual who is 24 years or older engages in consensual sex with a minor who is 16 or 17 years old. Unfortunately, those accused of this sex offense may be found guilty even if you believed the minor was 18 or older. The minor's consent to sexual activity and your ignorance of his/her age is not a valid defense. At Adams & Luka, our Orlando sex crime attorneys are committed to protecting your legal rights and providing you with unsurpassed legal guidance. If you have been arrested for unlawful sexual activity with a minor or are under investigation, we urge you to contact our office immediately.
In Florida, engaging in sexual activity with a minor who is 15 years old or younger, regardless of whether the minor gives consent, is considered rape. Unlawful sexual activity, under Florida law, includes oral, vaginal, or anal penetration or union with the sexual organ of another. While it may be lawful for an individual who is between the ages of 18 and 23 to engage in sexual activity with a consenting minor who is 16 or 17 years old, without the minor's consent it is considered rape. These situations are complex, as are the laws that govern them in Florida. We will help you understand what you may be facing, and work toward positive results.
Any person accused of unlawful sexual activity with a minor is innocent until proven guilty beyond a reasonable doubt. Prosecutors must prove specific elements of a crime in order for an individual to be convicted. If all elements cannot be proven, you cannot be found guilty or convicted.
Defenses to Unlawful Sexual Activity with a Minor in FloridaBecause alleged offenders may not use ignorance of the minor's age or that he/she gave consent as a defense, it will be necessary to successfully argue that the claims against you are false, or that the prosecutor was unable to prove all of the elements of the crime.
We understand that these types of sex crimes are often difficult to defend, however we will use our experience, skill, and knowledge to develop the strongest defense possible on your behalf, working to protect you from harsh criminal penalties and loss of your freedom.
Criminal Penalties for Unlawful Sexual Activity with a Minor in Orlando & Central FloridaConsidered a second-degree felony, this offense is ranked as a level 6 in terms of severity, and will leave those convicted facing harsh criminal penalties which include:
It is important to note that anyone who has a prior criminal conviction may face increased or enhanced criminal penalties.
Contact Adams & Luka NowIn Florida, all sex crimes are prosecuted vigorously. If you have been accused of unlawful sexual activity with a minor, your reputation, career, and freedom are in jeopardy. By calling the Orlando criminal defense lawyers at Adams & Luka today, we can begin mounting a vigorous defense, working to undermine any evidence prosecutors may have and determine the most effective way to proceed in order to protect your future. We urge you to call us for a free consultation now at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.