No “Reasonable Mistake of Age” Defense in Florida: Why Dating Apps Can Create Serious Criminal Risk
In Florida, there is a harsh legal reality that many people do not realize until it is too late: there is no “reasonable mistake of fact as to age” defense for sex offenses involving minors. If someone under 16 lies about their age—even convincingly—and an adult relies on that lie, it is not a legal defense.
With the rise of dating apps, social media, and online messaging platforms, this issue is becoming increasingly common. Adults are meeting people online, exchanging messages, and relying on profile photos, conversations, and even fake identification—only to later discover the person was a minor. In Florida, that discovery can lead to life-altering criminal charges.
Florida Law Is Strict About Age
Florida treats sexual offenses involving minors as strict liability crimes when it comes to the victim’s age. That means the State does not have to prove that the accused knew the person was underage. It also means the accused cannot argue:
- “She told me she was 18 or 19.”
- “Her dating profile said she was an adult.”
- “She looked older.”
- “She showed me an ID.”
None of these facts create a legal defense under Florida law if the person is under the age of consent.
Consent and Age Are Not the Same Thing
Another common misconception is that consent matters if the younger person agreed to the sexual activity. In Florida, a minor under 16 cannot legally consent, regardless of what they say or do.
Even if the interaction appears voluntary, mutual, or initiated by the minor, the law places full responsibility on the adult.
Dating Apps Increase the Risk
Dating apps are not age-verification tools. Profiles can be falsified in seconds. Photos can be misleading. Conversations can be scripted. Unfortunately, Florida law places the risk of deception squarely on the adult.
If a minor lies about their age on an app and the situation later comes to the attention of law enforcement, the consequences can include:
- Felony charges
- Mandatory prison exposure
- Sex offender registration
- Loss of employment and professional licenses
- Permanent reputational harm
Once charges are filed, “I didn’t know” or “I was misled” is not a defense.
What This Means in Practice
The takeaway is uncomfortable but essential: you must be extremely careful about who you meet online. If there is any doubt about age, the safest legal course is not to proceed.
From a criminal defense perspective, many of these cases involve people who had no intent to commit a crime but are nonetheless facing severe penalties because Florida law does not allow room for mistake.
Arrested or Investigated in Jacksonville or Northeast Florida?
If you have been arrested, questioned, or believe you are under investigation in Jacksonville, Duval County, or the surrounding counties—including Clay, St. Johns, Nassau, or Baker County—you should speak with an experienced criminal defense attorney as soon as possible.
Korody Law, P.A. represents clients throughout Northeast Florida in serious felony cases, including sex offense allegations arising from online interactions and dating apps. Early legal representation can be critical in protecting your rights, addressing law enforcement contact, and minimizing long-term consequences.
If you or a loved one has been arrested or is under investigation in Jacksonville or the surrounding area, contact Korody Law for a free, confidential case consultation.
Call or contact Korody Law, P.A. today for a free consultation.
This article is for informational purposes only and does not constitute legal advice.