Florida Statutes

Fla. Stat. § 794.05 (2025)

Unlawful sexual activity with certain minors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(2) As used in this section, the term:

(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(b) “Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

(3) 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.

(4) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.

(5) 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.

History.—RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409; s. 5, ch. 2014-4; s. 5, ch. 2022-165.

Arrestable Offenses under F.S. 794.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§794.05SEX ASSLTRENUMBERED. SEE REC # 2711F · 2nd

§794.05(1)SEX ASSLTSEX BATTERY BY 24 YOA+ VICTIM 16 OR 17 YOAF · 2nd

Notes of Decisions

Cited in 121 cases (16 in the last 5 years), 1942–2026 · leading case: State v. Cunningham, 712 So. 2d 1221 (Fla. 2d DCA 1998).

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State v. Cunningham, 712 So. 2d 1221 (Fla. 2d DCA 1998). · cites it 35× “Appellant, the State of Florida, challenges the trial court order finding section 794.05, Florida Statutes (Supp.1996), which is the successor statute to the "statutory rape" law, unconstitutional on privacy grounds.”

Wright v. State, 739 So. 2d 1230 (Fla. 1st DCA 1999). · cites it 14× “Constitutional Challenge The defense moved to dismiss Count Two on the grounds that section 794.05, Florida Statutes (1997), which makes it a second-degree felony for a person 24 years of age or older to engage in "sexual activity" with a person 16 or 17 years old, is…”

B.B. v. State, 659 So. 2d 256 (Fla. 1995). · cites it 25× “2d DCA 1994), which certified the following question to be of great public importance: Whether Florida’s privacy amendment, Article I, Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional as it pertains to a minor’s consensual…”

Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006). · cites it 12× “On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano argues that the "statutory rape law" is facially unconstitutional, in that it violates due process for failure to require proof that the defendant knew the minor's age.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). · cites it 8× “7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. To prove the crime of Sexual Activity with a Minor, the State must prove the following three elements beyond a reasonable doubt: Give 1a and/or 1b depending on the allegations and the evidence.”

State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). · cites it 16× “Walborn filed a motion to dismiss the information and to declare section 794.05, Florida Statutes (1997), unconstitutional because it violated her right to privacy, under Article 1, section 23 of the Florida Constitution, and her right to equal protection, under Article 1,…”

United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “11 § 773(a)(5); Fla. Stat. Ann. § 794.05 (1); Haw.Rev.Stat.”

Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017). “1998) Florida Fla. Stat. § 794.05 (1) (1991) Idaho Idaho Code Ann.”

State v. Raleigh, 686 So. 2d 621 (Fla. 5th DCA 1996). · cites it 12× “was section 794.05, Florida Statutes, which prohibits carnal intercourse with unmarried persons under age eighteen of previously chaste character.”

Michael M. v. Superior Court of Sonoma Cnty., 450 U.S. 464 (1981). · cites it 2× “§ 13-1405 (1978); Fla. Stat. § 794.05 (1979); Ill. Rev. Stat.”

Lanier v. State, 443 So. 2d 178 (Fla. 3d DCA 1983). · cites it 7× “Section 794.05, Florida Statutes (1981), punishes as a felony of the second degree "unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under the age of 18 years," regardless of consent.”

United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 2× “§ 14:80; Missouri (17), Mo.Rev.Stat. § 566.034; New Mexico (17), N.”

Show all 121 citing cases →

— 794.05(1) — 40 cases

Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006). “On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano argues that the "statutory rape law" is facially unconstitutional, in that it violates due process for failure to require proof that the defendant knew the minor's age.”

Wright v. State, 739 So. 2d 1230 (Fla. 1st DCA 1999). “Constitutional Challenge The defense moved to dismiss Count Two on the grounds that section 794.05, Florida Statutes (1997), which makes it a second-degree felony for a person 24 years of age or older to engage in "sexual activity" with a person 16 or 17 years old, is…”

Stephen Stubbs v. State of Florida, 275 So. 3d 631 (Fla. 4th DCA 2019).

McGee v. State, 19 So. 3d 1074 (Fla. 4th DCA 2009).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “7 UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. To prove the crime of Sexual Activity with a Minor, the State must prove the following three elements beyond a reasonable doubt: Give 1a and/or 1b depending on the allegations and the evidence.”

— 794.05(2) — 4 cases

Campbell v. State, 771 So. 2d 1205 (Fla. 2d DCA 2000).

Hawker v. State, 951 So. 2d 945 (Fla. 4th DCA 2007).

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).

— 794.05(2)(a) — 1 case

Anthony Alexander v. State of Florida (Fla. 4th DCA 2025).

— 794.05(2)(b) — 2 cases

Anthony Alexander v. State of Florida (Fla. 4th DCA 2025).

Jasper Obryan Oliver v. State of Florida (Fla. 5th DCA 2026).

— 794.05(3) — 2 cases

Pulcini v. State, 41 So. 3d 338 (Fla. 4th DCA 2010).

— 794.05(4) — 1 case

Jasper Obryan Oliver v. State of Florida (Fla. 5th DCA 2026).

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