§ 794.05, Fla. Stat. · Chapter 794. SEXUAL BATTERY
Unlawful sexual activity with certain minors.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
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.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/0794.html
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- sha256 64608487a683dfaf5ccb3e26e631775c1d6f128e66811d666d3dc1eff0c19c6f
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- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 775.084, Fla. Stat.Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.Printed as s. 775.084
Cited by 15 provisions
Provisions in this library whose text cites § 794.05, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 63.082, Fla. Stat.Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; revocation of consent.Printed as s. 794.05
- § 90.4025, Fla. Stat.Admissibility of paternity determination in certain criminal prosecutions.Printed as ss. 794.011, 794.05, 800.04, and 827.04(3)
- § 90.404, Fla. Stat.Character evidence; when admissible.Printed as s. 794.05
- § 92.565, Fla. Stat.Admissibility of confession in sexual abuse cases.Printed as s. 794.05
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.