Florida Statute 943.04354 gives some people convicted of specified sex offenses a way to ask a court to remove the requirement to register as a sexual offender or sexual predator. It does not legalize sexual activity that another Florida statute makes a crime, and it does not erase the conviction.
Florida uses different statutes for the criminal offense and for registration relief. A close age gap can satisfy Section 943.04354 and still leave a person subject to prosecution under another section of Florida law.
Section 943.04354 Covers Registration Relief
Florida Statute 943.04354 applies to qualifying convictions under Sections 800.04, 827.071 and 847.0135(5), along with similar offenses from another jurisdiction. For a Florida case, registration generally must rest solely on the qualifying conviction.
The age test appears in Section 943.04354(1)(c). The statute requires that the person is not more than 4 years older than the victim
and that the victim was 13 years of age or older but younger than 18 years of age
when the violation occurred.
Florida lowered the victim-age threshold from 14 to 13 through legislation that took effect on October 1, 2014. The Florida Senate’s summary of the 2014 change confirms that amendment.
Florida Uses Different Age Rules for Different Offenses
Florida does not apply one simple age-of-consent number to every situation. The ages of both people and the conduct involved determine which criminal statute applies.
Section 794.05 applies when a person who is 24 or older engages in defined sexual activity with a 16- or 17-year-old. The offense is a second-degree felony.
Section 800.04 covers several lewd or lascivious offenses involving people younger than 16. Under subsection (4), sexual activity with a person who is at least 12 and younger than 16 can constitute lewd or lascivious battery.
Nothing in Section 794.05 reaches a 21-year-old solely because the other person is 17. Once the older person reaches 24, the same younger age can place the conduct inside Section 794.05.
The Four-Year Gap Is Only One Part of the Test
Yes: No relief under Section 943.04354.
No: Continue to Step 2.
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Step 2: Was the victim at least 13 and younger than 18?
No: The close-in-age test fails.
Yes: Continue to Step 3.
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Step 3: Is registration based on a qualifying offense listed in Section 943.04354?
No: The petition does not fit the statute.
Yes: Continue to Step 4.
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Step 4: Is there another disqualifying sex-offense conviction or adjudication?
Yes: Relief is unavailable.
No: Continue to Step 5.
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Step 5: Was the conduct consensual under the federal SORNA standard?
No: The court cannot grant relief under Section 943.04354.
Yes: The court may grant the motion.
Consent Becomes Important at the Registration Stage
Florida and federal law treat consent differently at different stages. Under Section 800.04, a victim’s consent is not a defense to the criminal charge.
Registration relief under Section 943.04354 also has to comply with the SORNA consensual-conduct exception in 34 U.S.C. § 20911(5)(C). Federal law excludes qualifying consensual conduct from its definition of a sex offense when the victim was at least 13 and the offender was no more than four years older.
Coercion defeats that requirement. Florida Section 800.04 defines coercion to include exploitation, bribes, threats of force, or intimidation. A case involving coercion cannot satisfy the consensual-conduct finding required for Section 943.04354 relief.
The Court Process Has a 21-Day Notice Rule
A qualifying person files a motion in the criminal division of the appropriate circuit court. For a Florida conviction, the filing goes to the circuit where the conviction or adjudication occurred.
Under Section 943.04354(2)(b), the state attorney and the Florida Department of Law Enforcement must receive notice at least 21 days before sentencing, disposition, or the hearing. Both can present evidence against the request.
Section 943.04354 does not state that defective notice is waivable, nor does it say that a notice defect automatically invalidates a ruling. The statute simply sets the 21-day requirement and gives the state attorney and FDLE the right to oppose the motion.
Clearing every threshold gives the petitioner a chance to obtain relief, not a guaranteed order. The statute says the court may grant the motion after finding that the state criteria and the SORNA consensual-conduct exception are satisfied.
A denial also carries a major procedural consequence. Section 943.04354 says the person is not authorized to file another motion under the same section. If relief is granted, FDLE removes the person from the public registry after receiving a certified copy of the order, but the criminal history remains available as a public record.
A Second-Degree Felony Can Carry Up to 15 Years
Section 794.05 makes qualifying sexual activity between a person 24 or older and a 16- or 17-year-old a second-degree felony. Under Section 775.082(3)(d), the statutory maximum for a second-degree felony is 15 years in prison.
Fifteen years is the statutory ceiling for that felony degree, not a prediction of the sentence in an individual case. Florida’s Criminal Punishment Code scoresheet, prior record, offense level, victim injury points and other sentencing rules affect the permissible sentence.
Section 775.083(1)(b) allows a fine of up to $10,000 for a first- or second-degree felony. That amount is also a statutory maximum, not an automatic fine in every case.
Florida’s Rule Is Different From Other States
| State | Close-In-Age Rule |
|---|---|
| California | Penal Code § 261.5 treats intercourse with a minor as unlawful. When the age gap is no more than three years, the offense is a misdemeanor. |
| Texas | Penal Code § 22.011(e)(2) provides an affirmative defense when the victim is at least 14, the actor is no more than three years older, the actor does not have the specified sex-offender history, and the parties are not within prohibited family relationships. |
| Georgia | Code § 16-6-3(c) makes statutory rape a misdemeanor when the victim is 14 or 15, the offender is 18 or younger, and the gap is no more than four years. |
| New York | Penal Law § 130.55 provides an affirmative defense to third-degree sexual abuse when lack of consent rests only on age, the younger person is over 14, and the defendant is less than five years older. |
Sources reflect the statutory text available in 2026 for Florida, California, Texas and New York, and the 2025 Georgia Code. Each state defines offenses differently, so the age gaps cannot be transferred from one jurisdiction to another.
A 24-Year-Old and a 17-Year-Old Show the Limit Clearly
A 24-year-old who engages in qualifying sexual activity with a 17-year-old can face a second-degree felony under Section 794.05 even when the younger person participated willingly. Section 943.04354 does not provide a route to remove registration based on that conviction because Section 794.05 is not included in its current list of qualifying offenses.
A different result can apply to a close-in-age conviction under Section 800.04. A petitioner who satisfies the age test, has no disqualifying sex-offense history, is required to register solely because of the qualifying offense and meets the SORNA consensual-conduct exception can ask the court for relief.
The practical line is clear. A four-year age gap alone does not create a defense to prosecution. The criminal statute determines the charge, and Section 943.04354 only determines if a narrow group of people can later obtain relief from registration.