Posted On: March 7, 2011 by Keith L. Maynard and Michael A. Atter

What the Florida Romeo and Juliet Law Means for Some Who Were Convicted of Sex with a Minor

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
1125087_person_jail.jpgBefore the introduction of the Romeo and Juliet Law in Florida, two victims may have existed in a sexual battery of a minor conviction. Florida law stated that a minor (16 years of age and under) cannot consent to having sexual intercourse. Therefore, the older boyfriend or girlfriend of a minor could be charged and convicted of statutory rape and be placed on the Florida sex offender list for a lifetime if s/he engaged in intercourse.

The Romeo and Juliet Law, which was established in 2007 protects the older boyfriend/girlfriend from being placed on the sex offender list if the sex was consensual and s/he is no more than four years older than the minor. This law protects individuals from a life sentence of the Florida sex offender list if the minor’s parent simply reported the relationship because the parents did not agree with the nature of the relationship, hence the name, “Romeo and Juliet”.

The sexual battery law now states that sexual battery occurs when someone 24 years of age or older engages in sexual intercourse with a minor 16 or 17 year old. However, those who engaged in such activity with the prior age of a minor being 16 years of age falls under the Romeo and Juliet law as long as that individual was no more than 4 years older than the minor.

If you have been placed on the sex offender list for engaging in a relationship with a minor and you were no more than four years older than the minor, then you may qualify under the Romeo and Juliet Law. For more information, you should speak with an attorney.

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