In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older.

(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. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose. (2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

See the law here

What happens if during such a legal relationship, one of the parties turns 24. For example, a 23 year old dating a 16 year old. When the 23 year old turns 24, do they suddenly by law have to break up an existing relationship?

If that is the case, this would be a very strange law.

  • 7
    It would not be the first very strange law.
    – phoog
    Oct 12, 2018 at 8:25

1 Answer 1


Just below the section you quoted it says:

(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.

There is no stated provision for the case you mention. I suspect that the law would apply. Whether the authorities would choose to prosecute in such a case is a very different question. There might be caselaw of this subject. I wouldn't know. If this is more than hypothetical, i would urge consulting a lawyer with local knowledge of criminal practice.

  • That sounds like a fun 24th birthday. "Thanks for the birthday wishes honey, but we have to go to a lawyer to see if we could continue our relationship that was legal yesterday" Apr 4, 2019 at 14:42

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