Florida’s Romeo and Juliet Law: What It Does and What It Does Not Do

Oct 7, 2026 · @Summer Goldman

Florida’s Romeo and Juliet law does not make a relationship between a teenager and a younger teen legal. It is a narrow rule that lets some people convicted in close-in-age cases ask a judge to remove the requirement to register as a sex offender.

That difference surprises many families. A young person can be arrested, charged, and convicted of a felony for a consensual relationship, and the Romeo and Juliet law only comes into play afterward.

The Romeo and Juliet law is not a defense

In Florida, sexual activity with a person younger than 16 is a felony under section 800.04, the lewd or lascivious statute. The statute says that the minor’s consent is not a defense, and neither is a mistake about the minor’s age. It has no exception for couples who are close in age.

So an 18-year-old high school senior dating a 15-year-old sophomore can be charged with lewd or lascivious battery, a second-degree felony punishable by up to 15 years in prison. The Romeo and Juliet law does not change that. It addresses one consequence of a conviction: lifetime registration as a sex offender.

Who qualifies under Florida’s Romeo and Juliet law

Under section 943.04354, Florida Statutes, a person can ask the court to remove the registration requirement only if all of these are true:

• The conviction is for a lewd or lascivious offense, an offense involving a sexual performance by a child, or a lewd act transmitted by computer.
• The minor was at least 13 and younger than 18 at the time.
• The accused was no more than four years older than the minor.
• The person has no other conviction for one of those offenses or for sexual battery.
• That conviction is the only reason the person has to register.

The age rules decide most cases. These examples use each person’s age at the time of the offense.

Accused	Minor	Can the accused ask for removal?
18	15	Yes. The gap is three years and the minor was at least 13.
19	15	Only if the birth dates show a gap of no more than four years.
20	15	No. The gap is more than four years.
17	12	No. The minor was younger than 13.

Birth dates matter. A gap of four years and a few months may not qualify, so the exact dates should be checked at the start of the case.

How a Romeo and Juliet motion works

Removal is not automatic. The person has to ask for it, and the judge may say no.

1. The motion is filed in the criminal court where the conviction occurred. It must state that the person meets each requirement and that removal will not conflict with federal law, which requires that the sexual act was consensual.
2. The prosecutor gets notice. The State Attorney and the Florida Department of Law Enforcement must receive the motion at least 21 days before it is heard, and the prosecutor can present evidence against it.
3. The judge decides. The court can hear the motion at sentencing or at a later hearing. Even when every requirement is met, the statute says the court “may” grant it.
4. If it is granted, the person gives the Department a certified copy of the order, which removes the person from the public registry.
5. If it is denied, the person cannot file another motion under this law.

That last rule is why preparation matters. You get one chance, and the best time to prepare is while the criminal case is still open.

What the Romeo and Juliet law does not do

• It does not prevent charges. Police can arrest, and the State can prosecute no matter how close in age the two people are.
• It does not erase the conviction. The criminal record remains public, and these offenses generally cannot be sealed or expunged.
• It does not cover every charge. A person convicted of sexual battery does not qualify.
• It does not help when the gap is more than four years or the minor was younger than 13.

Because the law only helps after a conviction, the better outcome is usually one reached earlier: a charge that is never filed, or a resolution to an offense that does not require registration at all.

A similar rule for images, added in 2026

Close-in-age cases often involve photos or videos as well, and those bring separate charges. Since July 1, 2026, promoting or transmitting a sexual image of a minor carries a five-year mandatory minimum for an adult.

The same legislation created a close-in-age exception to that minimum. A judge may sentence below it after finding that the minor was at least 14, the image was created with the minor’s permission, the accused was no more than four years older, and the image was not shared with any third party. Like the Romeo and Juliet law, it affects the sentence and does not prevent a conviction. Our article on the five-year mandatory minimum explains it in detail.

Talk to a lawyer before the case is decided

Whether the Romeo and Juliet law applies depends on early decisions: what charge is filed, what the plea covers, and what evidence of the relationship is preserved. If your son, daughter, or you are under investigation or charged in a close-in-age case, call Goldman Wetzel at (727) 828-3900 or contact us online for a free, confidential consultation.

Goldman Wetzel represents clients in Pinellas, Hillsborough, Manatee, and Sarasota Counties. Attorney Summer Goldman is a former prosecutor. To learn more about the underlying charges, see our Florida lewd and lascivious lawyer page.