Florida’s Romeo and Juliet Law: Age Rules and Registration Relief

An October 2023 Reason article described the case of Henry, an 18-year-old who had consensual sex with a 16-year-old he met online. According to the article, he initially received a plea deal with no jail time and seven years on the sex-offender registry. He later received a six-year prison sentence after a judge found that his workplace violated a probation restriction.

Florida law treats the ages described in Henry’s story differently. Section 794.05, Florida Statutes, makes sexual activity with a 16- or 17-year-old a second-degree felony when the older person is 24 or older. An 18-year-old would not violate that statute based on consensual sexual activity with a 16-year-old. Other laws may apply depending on the circumstances.

Florida’s “Romeo and Juliet” law addresses a separate question: whether someone who committed a qualifying offense can obtain relief from sex-offender registration. It does not provide immunity from prosecution.

What Florida’s Romeo and Juliet Law Actually Does

Under section 943.04354, Florida Statutes, some people with qualifying offenses may ask a court to remove their registration requirement. The age criteria require that the younger person was at least 13 but under 18 and that the person seeking relief was no more than four years older. Other requirements concern the offense, criminal history, basis for registration, and compliance with federal law, including consent. Relief requires a court order and is not automatic. It does not erase the underlying criminal record.

The distinction matters when the younger person is under 16. Sexual activity with a child age 12 through 15 can constitute lewd or lascivious battery, even when both people describe it as consensual. Consent and a mistaken belief about the child’s age are not defenses under section 800.04. Possible relief from registration does not create a defense to the charge.

Other states should consider following Florida’s model. Teens like Henry should not have promising lives derailed over issues of poor judgment. With protective laws like Florida’s, we can avoid ruining young people’s futures.

Reform Requires Rethinking Punitive Approaches

Stories like Henry’s are tragic examples of how inflexible laws can produce unjust outcomes. Rather than blanket prosecutions, states must reconsider punitive enforcement that ignores typical teen development. With reasoned reform, we can enact policy that protects children without being unnecessarily harsh on adolescents.

Florida offers one alternative model for amending outdated sex crime statutes. However, change requires lawmakers nationwide to rethink ineffective laws. There are better solutions if we can find the wisdom and will to enact them.