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Florida Age of Consent Laws: Statutes, Penalties and Reporting

Independently fact-checkedBy Recording Law Editorial Team12 min read

Independently fact-checked against primary sources (last audited September 29, 2026). · 16 primary sources cited on this page. How we verify our legal content

Florida Age of Consent Laws: Statutes, Penalties and Reporting

Florida's general age-based criminal protections for minors run to age 18: Fla. Stat. § 800.04 protects persons under 16 with no minimum age for the other person, § 794.05 and § 794.051 protect persons 16 or 17 where the other person is 24 or older, and § 794.011(8) protects those under 18 from a person in a position of familial or custodial authority.

To report a concern: if a child is in immediate danger, call 911. For Florida, the Department of Children and Families page says: "The Florida Abuse Hotline accepts reports 24 hours a day and 7 days a week of known or suspected child abuse, neglect, or abandonment," at 1-800-962-2873. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Florida's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. Each cite links to the 2026 edition of the Florida Statutes on the Florida Senate site.

This page describes the main age-based sexual offense statutes. Other Florida statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Florida law protects minors by age

Florida's protections are spread across three main sections: § 800.04 (lewd or lascivious offenses against persons under 16), § 794.05 (unlawful sexual activity with certain minors, ages 16 and 17) and § 794.011 (sexual battery). The table shows the main tiers.

Victim's ageCondition on the offenderOffenseCite
Under 1218 or olderSexual battery (capital felony)§ 794.011(2)(a)
Under 12Under 18Sexual battery (life felony)§ 794.011(2)(b)
Under 1218 or olderLewd or lascivious molestation (life felony)§ 800.04(5)(b)
12 to 15None stated; for molestation, conduct and exhibition the grade depends on offender ageLewd or lascivious battery, molestation, conduct, exhibition (conduct and exhibition also cover victims under 12)§ 800.04(4)-(7)
16 or 17Person 24 or olderUnlawful sexual activity with certain minors (second degree felony)§ 794.05(1)
16 or 17Person 24 or olderIndecent, lewd, or lascivious touching of certain minors (third degree felony)§ 794.051(1)
Under 18Person in a position of familial or custodial authoritySexual battery§ 794.011(8)

Under 12

A person 18 or older who commits sexual battery on a person under 12 commits a capital felony (§ 794.011(2)(a)). A person under 18 who commits sexual battery on a person under 12 commits a life felony (§ 794.011(2)(b)). Lewd or lascivious molestation by an offender 18 or older against a victim under 12 is a life felony (§ 800.04(5)(b)), and by an offender under 18 it is a second degree felony (§ 800.04(5)(c)1.).

Ages 12 to 15

Section 800.04 covers lewd or lascivious battery (including "engaging in sexual activity with a person 12 years of age or older but less than 16 years of age"), molestation, conduct and exhibition. The section has no age floor for the offender. What changes with the offender's age is the grade: an offender under 18 is graded lower than an offender 18 or older for molestation, conduct and exhibition. The section also states that "neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section" (§ 800.04(2)).

Separately, a person 21 or older who impregnates a child under 16 "commits an act of child abuse which constitutes a felony of the third degree," whether or not the person is also charged under § 800.04, and the victim's consent is not a defense (§ 827.04(3)).

Ages 16 and 17

Section 794.05(1) provides that "a person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree." The offender's age of 24 or older is an element of the offense.

Section 794.051(1) separately provides that "A person 24 years of age or older who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or forces or entices a person 16 or 17 years of age to so touch the perpetrator, commits a felony of the third degree." The range for a third degree felony is up to 5 years and a fine up to $5,000 (§ 775.082, § 775.083).

A separate statute applies at any offender age where sex is paid for. Human trafficking under § 787.06, defined to include "purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation," is a life felony when it is "for commercial sexual activity in which any child younger than 18 years of age" is involved (§ 787.06(3)(g)).

Familial or custodial authority

Section 794.011(8) applies to "a person who is in a position of familial or custodial authority to a person less than 18 years of age." The section does not define the term. It states that the willingness or consent of the victim "is not a defense to prosecution under this subsection." It has three tiers:

Empty classroom with a teacher desk, blank whiteboard and rows of empty student desks

  • soliciting the person to engage in an act that would constitute sexual battery is a felony of the third degree;
  • engaging in such an act with a person 12 or older but younger than 18 is a felony of the first degree, punishable by a term of years not exceeding life or as provided in §§ 775.082, 775.083 or 775.084; and
  • an act with a person under 12 is a capital or life felony, punishable under subsection (2).

A separate section applies in schools. Under § 800.101, an "authority figure," meaning "a person 18 years of age or older who is employed by, volunteering at, or under contract with a school," "shall not solicit or engage in" sexual conduct, "a relationship of a romantic nature," or lewd conduct "with a student." A violation is a felony of the second degree. The section does not apply to conduct that is already an offense subject to reclassification under § 775.0862, which raises the grade of a listed sexual offense committed by a school authority figure against a student under 18.

Age-difference provision (registration only)

Florida's 4-year provision does not appear in the offense sections. Section 943.04354 allows a person to move for removal of the registration requirement only in limited circumstances: the person was convicted of a violation of s. 800.04, s. 827.071 or s. 847.0135(5), has no other listed conviction, is registered solely on that basis, and "is not more than 4 years older than the victim of this violation who was 13 years of age or older but younger than 18 years of age at the time the person committed this violation." It changes the registration consequence after a conviction. It is not an element of, or a defense to, the offenses.

Penalties

Grades come from the offense sections and ranges from § 775.082 and § 775.083.

OffenseGradeRange stated
Sexual battery, offender 18 or older, victim under 12Capital felonyUnder §§ 775.082 and 921.1425: life imprisonment without parole or, where the § 921.1425 sentencing procedure so determines, death
Sexual battery, offender under 18, victim under 12Life felonyUp to life; because the offender was under 18, a life term or a term of years equal to life requires a sentencing hearing under § 921.1401 (§ 775.082(3)(c)); fine up to $15,000
Lewd or lascivious molestation, offender 18 or older, victim under 12Life felonyLife, or a split sentence of at least 25 years followed by lifetime probation or community control (offense on or after Sept. 1, 2005)
Lewd or lascivious battery, victim 12 to 15Second degree felony (first degree if offender 18 or older with a listed prior conviction)Up to 15 years (30 for first degree); fine up to $10,000
Molestation, victim 12 to 15Second degree felony (offender 18 or older); third degree felony (offender under 18)Up to 15 years; up to 5 years
Lewd or lascivious conduct or exhibition, victim under 16Second degree felony (offender 18 or older); third degree felony (offender under 18)Up to 15 years; up to 5 years
Unlawful sexual activity with certain minors, § 794.05Second degree felonyUp to 15 years; fine up to $10,000
Position of familial or custodial authority, § 794.011(8)(b)First degree felonyA term of years not exceeding life

A second or later violation of § 800.04(5)(b) carries life imprisonment, and § 794.0116 sets a mandatory minimum of 15 years for a person previously convicted of a listed offense who commits a violation of § 800.04(5). The statutes list further provisions, and the statute text controls.

Sex offender registration

Under § 943.0435(1)(h)1.a., a person convicted of, or attempting, soliciting or conspiring to commit, an offense under s. 794.011 (excluding s. 794.011(10)), s. 794.05 or s. 800.04 who meets the section's other criteria is a "sexual offender" and must register. The removal route in § 943.04354 is described above. Read § 943.0435 for the full criteria and for the requirements that follow registration.

Recent changes

The offense sections show no amendment after 2023: their history lines end at ch. 2022-165 (§§ 794.05 and 800.04) and ch. 2023-146 (§ 794.011). Two 2026 laws touch related provisions, each effective July 1, 2026 according to the Florida Senate bill pages:

  • CS/CS/HB 1159 (ch. 2026-20) raised the mandatory minimum in § 794.0116 for a person with a listed prior conviction who commits a violation of § 800.04(5) from 10 years to 15 years. It does not change the age lines of §§ 794.011, 800.04 or 794.05.
  • CS/CS/CS/SB 212 (ch. 2026-17) revises residency and related restrictions for persons convicted of certain sexual offenses. According to the bill page, it amends §§ 775.215, 856.022, 901.15, 943.04351, 947.1405 and 948.30, and it does not amend §§ 794.011, 794.05, 800.04 or 943.0435.

Where to report

If a child is in immediate danger, call 911. The Florida Department of Children and Families Abuse Hotline page lists 1-800-962-2873 and says the hotline accepts reports 24 hours a day and 7 days a week. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.

Disclaimer

This page is general legal information about Florida criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Florida.

Frequently Asked Questions

Does section 794.05 apply to everyone who is 24 or older?

It applies to a person 24 or older who engages in sexual activity with a person 16 or 17. The offender's age is an element of the offense, and the offense is a second degree felony.

What does 'position of familial or custodial authority' mean?

Section 794.011(8) uses the phrase without defining it in that section. The statute states that the victim's willingness or consent is not a defense under subsection (8). Read the section and how it is applied for any specific question.

Does the 4-year provision in section 943.04354 change what is an offense?

No. It is a provision about removal of the registration requirement for certain violations, available only where the listed conditions are met. It is not part of the definition of the offenses in sections 794.011, 794.05 or 800.04.

Where can the statute text be read?

Each section cited on this page links to the 2026 Florida Statutes on the Florida Senate site. The statute text controls over any summary.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Fla. Stat. § 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age)(www.flsenate.gov).gov
  2. Fla. Stat. § 794.05 (Unlawful sexual activity with certain minors)(www.flsenate.gov).gov
  3. Fla. Stat. § 794.011 (Sexual battery)(www.flsenate.gov).gov
  4. Fla. Stat. § 794.0116 (mandatory minimum terms for certain repeat offenders)(www.flsenate.gov).gov
  5. Fla. Stat. § 775.082 (penalties)(www.flsenate.gov).gov
  6. Fla. Stat. § 775.083 (fines)(www.flsenate.gov).gov
  7. Fla. Stat. § 943.0435 (sexual offender registration)(www.flsenate.gov).gov
  8. Fla. Stat. § 943.04354 (Removal of the requirement to register in special circumstances)(www.flsenate.gov).gov
  9. Florida Senate, CS/CS/HB 1159 (2026), Sexual Offenses(www.flsenate.gov).gov
  10. Florida Senate, CS/CS/HB 45 (2026), Sexual Offenders and Sexual Predators(www.flsenate.gov).gov
  11. Florida Department of Children and Families, Florida Abuse Hotline(www.myflfamilies.com).gov
  12. § 827.04(3)(www.flsenate.gov).gov
  13. § 787.06(www.flsenate.gov).gov
  14. Section 794.051(1)(www.flsenate.gov).gov
  15. § 800.101(www.flsenate.gov).gov
  16. § 775.0862(www.flsenate.gov).gov
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