Florida’s Romeo and Juliet Law

What to Know About Florida’s Romeo and Juliet Law

When an individual engages in consensual sexual activity with a minor, even if they are a minor themselves, they may be charged with various sex crimes in Florida. Florida’s Romeo and Juliet law was created so that high school-aged children would not be labeled as sex offenders or sexual predators for engaging in consensual sexual relationships. Being labeled as a sex offender can affect someone for the rest of their life. It can hinder an individual’s ability to gain employment or housing; it can affect what activities they can participate in and how involved they can be in their future children’s recreational and school activities.

How Does Florida Define Romeo and Juliet Laws?

Florida’s Romeo and Juliet laws do not make it so that sexual activity between someone 18 or older and a minor is legal. However, it allows the offender not to have to register as a sex offender if they meet the eligibility criteria. According to Florida Law 943.04354, the process for applying the Romeo and Juliet law starts by filing a motion or petition for removal of the registration requirement, as long as they meet the criteria discussed below. They must also comply with the Federal Law requirements in the Adam Walsh Act, most importantly Title I of the SORNA Act.

What Elements Must Be Met for This Law to be Applicable?

The criteria that must be met in order for the Romeo and Juliet law to apply are as follows:

• The victim must be at least 14 years old.
• The offender can be no more than 4 years older than the victim.
• The victim MUST have consented to the sexual activity.
• The offender must have no prior sex-related charges and no other pending sex-related charges with similar facts.

The above list must be met and fully laid out in a motion or petition before the court for removal of the registration requirement. It applies to the following sex-related crimes in Florida:

• Sexual Battery
• Lewd or Lascivious Offenses Committed upon or in the Presence of Persons Less Than 16 Years of Age
• Sexual Performance by a Child
• Certain Computer Transmissions Prohibited

How Does This Law Help My Case?

The sexual activity that happens in these offenses is still considered a crime. This is still the case, whether or not both people involved were minors and if the sexual activity was consensual. This law simply removes the requirement to register as a sex offender.

The law differs for minors over the age of 15. If a minor is between the ages of 16 and 17 and engages in a sexual relationship with a person who is between the ages of 16 and 23 years old, what is known as the age gap law allows for this to be a legally consensual act. However, an offender can never state that they did not know the age of the victim at the time of the act as a defense, but it may be brought up during sentencing as a mitigating factor.

Under the Romeo and Juliet Law, the offender will get one try at filing a motion or petition for removal of the registry requirement. If they are denied, then the offender must wait until 25 years after the completion of all terms of their sentence before they may file a new motion or petition.