Lewd Battery – Consensual Sexual Activity

If you are an 18 year-old boy and have sex with someone from your high school who is under 16 years-old, you can be arrested for a sex charge in Florida. The crime is called lewd battery with consensual sexual activity with someone over 12 and under 16. This is a second degree felony punishable for up to 15 years in prison. This felony will also subject the defendant to becoming a sex offender in Florida.

In order to prove this sex crime in Jacksonville, the prosecutor has to show that the defendant has to engage in sexual activity with someone 12 years old or older but less than 16 years of age. The victim’s lack of being a virgin and the victim’s consent is not a defense to this sex charge. The defendant’s ignorance of the victim’s age is also not a defense. Even if the victim lies about their age to the defendant, the defendant still can be arrested for this sex charge in Jacksonville.