What Florida Internet Sex Crime Defense Lawyers Want You to Know About Charges Involving Minors and Mistaken Age Beliefs

If you face a charge involving sexual contact or solicitation of someone you believed was an adult but later learned they were a minor, you may be overwhelmed, confused, and worried about what comes next. A situation that began online or in a text message can change dramatically when law enforcement becomes involved, especially if the other person was a minor, even if they misrepresented their age to you. Under Florida law, certain offenses involving minors are treated with strict liability, meaning your belief about someone’s age may not protect you. It is critical to understand how these laws work, what defenses can be raised, and why a private attorney can make the difference between a felony conviction and a reduced or dismissed case.

I am a Florida Internet sex crime defense lawyer, and I work with clients who find themselves in this position every year. These cases can involve online chats, dating apps, social media, or text messages where the age of the other person was misrepresented. In this article, I explain how Florida law treats age and consent, the relevant statutes, defenses that may apply, and what you can do right away to protect your rights.

Florida’s Unlawful Sexual Activity With Certain Minors Statute

When someone lies about their age, the key statute you need to know is Florida Statute § 794.05, which criminalizes unlawful sexual activity with certain minors.

Florida Statute § 794.05 (quoted verbatim)

Florida Statute § 794.05(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.”

Summary of the statute

Under § 794.05, the law makes it a felony for an adult 24 years old or older to engage in sexual activity with someone 16 or 17 years of age. This means:

  • The age of the defendant and the age of the alleged victim matter.

  • “Sexual activity” includes acts involving oral, anal, or vaginal penetration.

  • There are no defenses based on the minor’s prior sexual conduct.

  • A mere belief the victim was older is not a defense under strict liability principles.

The purpose of the statute is to protect minors who the law deems unable to give informed consent. Because of that public policy choice, Florida does not allow ignorance of age, or a minor’s misrepresentation of age, to justify sexual contact in these circumstances.

Close‑in‑Age Exceptions and Their Limits

While § 794.05 makes it clear that sexual contact between a person 24 or older and someone 16 or 17 is illegal, Florida also recognizes a “close‑in‑age” exception. This means:

  • Individuals under the age of 24 may legally engage in consensual sexual activity with a 16 or 17‑year‑old without violating § 794.05.

However, this exception is narrow. It applies only to consensual sexual activity, not to offenses involving:

  • Lewd or lascivious acts with minors under 16, which are separate felony charges.

  • Computer solicitation of minors, which criminalizes written or electronic requests involving sexual acts with people believed to be minors.

The close‑in‑age exception also does not protect someone who is older than 24, regardless of age misrepresentation.

Why Mistaken or Misrepresented Age Often Isn’t a Defense

Florida law treats many sex crimes involving minors as strict liability offenses. This means that whether you knew the person’s real age, or believed they were older, may not affect criminal responsibility.

The statute itself says that a minor’s prior conduct is not relevant in a prosecution, and Florida case law and commentary make clear that ignorance or belief about age is not a valid defense.

When law enforcement discovers sexual activity or close contact with someone under 18, they may charge the older party regardless of any claim that the minor lied about their age.

A mistake about age does not make the conduct legal under the statute, so your earliest defense steps are focused on the facts, consent, communications, and statutory interpretation, not simply claiming you were misled.

Computer and Internet‑Based Conduct

When contact occurs online, another statute may apply. Florida Statute § 847.0135 makes it illegal to use a computer, Internet service, or other electronic communication to commit certain acts involving minors.

Florida Statute § 847.0135 (summary)

This law prohibits using computers, phones, or online services to:

  • transmit lewd or lascivious material to someone under 16;

  • solicit minors for sexual conduct;

  • travel to meet a minor for sexual acts;

  • engage in written or electronic sexual solicitation of minors.

This statute is separate from § 794.05 and may apply even when no physical sexual activity occurred, such as in cases where someone believed they were communicating with an adult but were actually communicating with a minor who misrepresented their age.

Real Case Example From My Practice

I once represented a man charged under § 847.0135 with solicitation and under § 794.05 for sexual activity with a minor. My client met someone on a dating app who claimed to be 19. The supposed adult sent photos and texts indicating adulthood. After meeting, law enforcement arrested him and charged him with unlawful sexual activity with a minor.

From the outset, I focused on:

  • verifying the origin of the suspect account to show it was a decoy operated by someone else;

  • demonstrating the defendant reasonably believed the other person was an adult based on the communications;

  • challenging the sufficiency of evidence that could link the defendant to knowing contact with a minor under 18.

We obtained app records, server metadata, and messages showing inconsistencies in how the other person represented age. At a pretrial hearing, I presented that evidence as a motion to dismiss on grounds including lack of factual basis for age reliance and insufficient proof of knowing interaction with someone under 18.

The judge granted the motion, and all felony charges were dismissed. The outcome hinged on detailed technological evidence and careful questioning of how the account was operated, which only came through early and focused defense work.

Other Relevant Florida Statutes and Defenses

Depending on the specific conduct alleged, prosecutors may also consider charging under:

  • Florida Statute § 800.04, which prohibits lewd or lascivious offenses with minors under 16;

  • Florida Statute § 794.053, which criminalizes lewd or lascivious written solicitation of certain minors;

  • Computer‑based solicitation and traveling to meet minors under § 847.0135;

These statutes often carry higher penalties, and they may apply even when the alleged contact was online or before any physical meeting.

Common Defenses When Someone Lied About Their Age

When someone claims they were misled about age, the following defenses may apply:

  • False identity or impersonation
    Evidence that the profile was a fake or operated by a third party can undercut the prosecution’s claim that the defendant knowingly contacted a minor.

  • Lack of intent
    Proof that there was no intent to engage in sexual activity with a minor because the defendant took reasonable steps to confirm age.

  • Consent issues
    Even if age is an issue, disputes about consent, coercion, or lack of evidence can weaken the state’s case.

  • Statutory interpretation
    Arguing that the specific statute does not cover the conduct based on age, context, or the victim’s statements.

Some defenses focus on technology, such as metadata showing geolocation or timestamps inconsistent with the prosecution’s narrative.

Why You Need a Florida Internet Sex Crime Defense Lawyer

Cases involving minors, especially those involving alleged lying about age, carry some of the harshest penalties in Florida. Convictions under § 794.05 can lead to:

  • up to 15 years in prison;

  • fines up to $10,000;

  • mandatory sex offender registration;

  • long‑term impacts on employment, reputation, and civil rights.

These outcomes affect every area of life. A private attorney focused on sex crimes can:

  • preserve evidence early;

  • challenge the way evidence was gathered;

  • develop defenses based on facts, technology, and law;

  • reduce or dismiss charges when possible.

Public defenders do vital work, but they often have limited time and resources. A private attorney can give your case the focused attention it needs.

Florida Internet Sex Crime Defense FAQs

What if the person I was talking to lied about their age?
Florida treats many sex crimes involving minors as strict liability offenses. Even if someone misrepresented their age, the prosecution may not accept that as a defense under laws like § 794.05. However, challenging identity, communications metadata, and context may help reduce or dismiss charges.

Is ignorance of a minor’s age a legal defense in Florida?
No. Under Florida law, ignorance or belief about a minor’s age generally is not a defense for unlawful sexual activity with a minor. This means that simply claiming you thought the person was an adult usually will not prevent charges.

What penalties can you face if convicted of unlawful sexual activity with a minor?
A conviction under § 794.05 is a second‑degree felony, which carries up to 15 years in prison and fines. Sex offender registration is mandatory, which has lifelong consequences.

Can the close‑in‑age exception apply if someone lied about their age?
The close‑in‑age rule allows consensual contact between individuals close in age to be lawful, but if someone misrepresented their age and you are over 24, that exception may not apply. A careful legal analysis is needed.

What defenses are available if someone pretended to be older?
Defenses can include proving the account was fake, technological evidence undermining the prosecution’s timeline, challenging the credibility of age representations, and statutory interpretation arguments. Each case is unique.

Does contacting a minor online without physical contact lead to charges?
Yes. Computer solicitation statutes like § 847.0135 can apply based on electronic communications alone, especially if there was intent to engage in sexual activity.

Will I have to register as a sex offender if convicted?
Convictions for sex crimes involving minors typically require registration as a sex offender, affecting housing, employment, travel, and public access.

Should I talk to police if investigators contact me?
You should decline to answer questions without an attorney present. Anything you say can be used as evidence. Having counsel contact investigators on your behalf is critical.

Can charges be reduced or dismissed?
Yes, in some cases charges can be reduced to non‑sex offense charges or dismissed if evidence fails to prove essential elements beyond a reasonable doubt.

CALL Our Florida Internet Sex Crime Defense Lawyer

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with sex offenses involving minors and online communication. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.