(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.
Structure Florida Statutes
794.005 - Legislative Findings and Intent as to Basic Charge of Sexual Battery.
794.0115 - Dangerous Sexual Felony Offender; Mandatory Sentencing.
794.02 - Common-Law Presumption Relating to Age Abolished.
794.021 - Ignorance or Belief as to Victim’s Age No Defense.
794.023 - Sexual Battery by Multiple Perpetrators; Reclassification of Offenses.
794.024 - Unlawful to Disclose Identifying Information.
794.026 - Civil Right of Action for Communicating the Identity of a Sexual Crime Victim.
794.027 - Duty to Report Sexual Battery; Penalties.
794.03 - Unlawful to Publish or Broadcast Information Identifying Sexual Offense Victim.
794.05 - Unlawful Sexual Activity With Certain Minors.
794.051 - Indecent, Lewd, or Lascivious Touching of Certain Minors.
794.052 - Sexual Battery; Notification of Victim’s Rights and Services.
794.055 - Access to Services for Victims of Sexual Battery.
794.056 - Rape Crisis Program Trust Fund.
794.075 - Sexual Predators; Erectile Dysfunction Drugs.