Q: 794.05 is the statute my son is being charged with. He is 18. Is this correct?
The person he is accused of having "sexual activity" with is 15 yoa. I'm pretty sure at 15 it is irrelevant to the court if it was consensual due to being under 16 otherwise I could say yes. My concern is the age listed in the statute being 24 yoa or older in which he is 18. Hope this provides more essential information. That was a pretty vague question, my apologies.
A:
794.05 Unlawful sexual activity with certain minors.—
(1) 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
This is the statute that you reference...I am assuming that your son is accused of engaging in "sexual activity" with a person. There are some questions that you don't present in your facts that make a real answer almost impossible...how old was the person your son is accused of engaging in sexual activity with? and was the sexual activity consensual?
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