Unlawful Sexual Activity with Certain Minors in Clearwater

Former Prosecutors Defend Clients Facing Age-Based Sex Crime Allegations

Florida law uses unlawful sexual activity with certain minors as the formal name for conduct commonly called statutory rape. Tinny, Meyer & Piccarreto, P.A. represents Clearwater clients accused of this offense. Our attorneys have more than 35 years of combined legal experience and include two former prosecutors who understand how the state evaluates and presents serious criminal allegations.

An accusation involving a minor can create criminal, personal, and reputational concerns before the case reaches court. We provide one-on-one attention and regular updates throughout representation. If you need a statutory rape attorney in Clearwater, we can assess the specific allegations rather than rely on assumptions about age or consent.

Call (727) 245-9009 to discuss the accusation and your immediate legal concerns with our criminal defense attorneys.

Florida Statute 794.05: Ages & Covered Conduct

Florida Statute 794.05 applies when a person who is 24 or older engages in sexual activity with a person who is 16 or 17. The offense, formally titled unlawful sexual activity with certain minors, is classified as a second-degree felony.

The law defines sexual activity through specified forms of oral, anal, or female genital penetration or union with another person’s sexual organ. Bona fide medical acts aren’t included. This precise definition matters because the allegation must involve conduct covered by the law, not merely a relationship, communication, or accusation described in broader terms.

The statute doesn’t apply when the 16- or 17-year-old has had the disabilities of nonage removed under Chapter 743. Disabilities of nonage are legal restrictions that ordinarily apply because someone is a minor. The minor’s prior sexual conduct isn’t relevant in a prosecution under this law.

How Florida Distinguishes Related Sex Crime Allegations

The ages involved and the nature of the alleged conduct determine which law may apply. Although statutory rape is a commonly used label, it can obscure important distinctions between unlawful sexual activity with certain minors and other sex crime allegations.

The statutes address different allegations:

• Florida Statute 794.05: Applies to specified sexual activity involving a 16- or 17-year-old and an accused person who’s at least 24.
• Florida Statute 800.04: Addresses lewd or lascivious offenses involving alleged victims under 16.
• Florida Statute 794.011: Addresses sexual battery allegations involving a lack of consent, regardless of the alleged victim’s age.

Close-in-age issues require careful legal review, but they don’t automatically resolve a charge. Possible relief from sex offender registration consequences also depends on the controlling law and the facts of the individual case. Neither the registration obligation nor potential relief should be assumed from the age difference alone.

What a Felony Case Can Involve in Clearwater

The offense is punishable according to Florida Statutes 775.082, 775.083, or 775.084. The applicable consequences depend on the charge, case history, and other legally relevant circumstances. A defense assessment should address the exact statutory elements and available information without presuming a particular sentence or registration outcome.

When unlawful sexual activity with certain minors directly results in a child being born, the law requires paternity to be established as provided by Chapter 742. If the offender is determined to be the father, child support may also be required according to the guidelines in Chapter 61. These provisions can create related family law concerns alongside the criminal case.

Felony criminal cases arising in Clearwater and Pinellas County are heard in Circuit Court at the Pinellas County Justice Center. Pinellas County is part of Florida’s Sixth Judicial Circuit. Our courtroom experience on both sides of criminal proceedings informs how we approach allegations filed in this setting.

Build a Defense Around the Facts of Your Case

A meaningful review begins with the ages involved, the specific alleged conduct, and the information available to the prosecution and defense. We develop each criminal defense strategy around the client’s background, needs, and individual circumstances.

Our representation is professional and discreet. We explain which statute may apply, the issues that could affect the case, and the questions requiring further analysis. If you’re looking for a statutory rape lawyer in Clearwater, a confidential consultation offers an opportunity to discuss those concerns with counsel.

Call (727) 245-9009 or use our contact form to request a confidential consultation with Tinny, Meyer & Piccarreto, P.A.