What Is the Romeo and Juliet Law in Florida?

Florida’s “Romeo and Juliet” law is widely misunderstood. It is not a defense to a criminal charge and does not make otherwise-illegal sexual activity legal. It is a statute (Fla. Stat. § 943.04354) that lets certain people who have already been convicted petition a court to be removed from the sex-offender registry.

First, the age of consent in Florida

Florida’s age of consent is 18. Two separate rules matter:

The “under-24” rule (§ 794.05). A person who is 24 or older commits a second-degree felony (up to 15 years) by engaging in sexual activity with a 16- or 17-year-old. In practice, this means a 16- or 17-year-old may legally consent to a partner who is under 24 — this is the “close in age” exception to being charged.
Under 16 is always a crime. Sexual activity with a child 15 or younger is a serious felony regardless of the partner’s age, and even if both people are minors.

What the Romeo and Juliet law (§ 943.04354) actually does

Enacted in 2007, § 943.04354 addresses registration, not guilt. Someone already convicted of a qualifying offense may petition the court to remove the requirement to register as a sexual offender or predator if all of the following are met:

the victim was at least 14 and under 18 at the time of the offense;
the offender was no more than four years older than the victim;
the activity was consensual, with no force or coercion; and
it is the person’s only qualifying sex offense.

The petition is not automatic and can be denied. The underlying conviction remains — the law affects only the registry.

Common misunderstandings

It is not a defense and does not prevent a conviction.
The close-in-age exception does not apply when the older person is in a position of authority or trust (teacher, coach, employer, clergy).
It does not apply to images: producing or possessing sexual images of anyone under 18 is child pornography regardless of whether the relationship is otherwise lawful.
A mistake about the minor’s age is generally not a defense.

Get advice

Because § 794.05 and § 943.04354 do very different things, and the consequences are severe, anyone affected should consult a qualified Florida criminal defense attorney. Survivors can reach RAINN’s National Sexual Assault Hotline at 1-800-656-4673 (free, confidential, and available 24/7).

Sources

Last reviewed: August 2, 2026. This article is general information, not legal advice. If you are facing charges or are a survivor, consult a qualified Florida attorney.