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What Are Jury Instructions During Trial For Unlawful Sexual Activity With Minors?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

The jury instructions during trial for unlawful sexual activity with minors involve 794.05 of the Florida Statutes. The state has to prove three elements, and if one were to ever look for unfair age discrimination, they will find it here. This is the government telling people who they can and cannot date. First of all, the state has to prove that the alleged victim was 16 or 17 years of age. In other words, the state has to prove that the alleged victim was old enough to give consent. However, this applies only if the defendant was less than 24 years of age, which is the second element that must be proven. The third element that the state must prove is that the defendant engaged in sexual activity with a minor whereby the sexual organ of the defendant or the victim penetrated or had union with the anus, vagina, or mouth of the other party. There is a problem with this. If a person were to ask 100 people to explain the law regarding having sex with a 17-year old, I bet that not a single person would be able to do so accurately. This takes us into another area beyond the scope of jury instructions, yet I think it is an important issue that must be addressed.

Our government legislators are out of control, and we do not have governance with consent of the governed, we have governance with the consent of the special, well-funded interests. One person with one dollar and one vote is no match for one person with $100 million and one vote; it is an unleveled playing field. This is a classic example of the government making arbitrary decisions. This is the only area of law in which there is a restriction that exists between the ages of 23 and 24. Our legal system is out of control, and this is one of the most unfair laws imaginable.

A person who is 23 years old can have sex with their girlfriend who is 16 years old, but that same person who turns 24 years old cannot have sex with that same person who turns 17 years old. If they did, it would be considered a crime. This makes no logical sense and is absolutely proof that we elect the dumbest bulbs we can possibly find to light up state government. There is only one lesser-included offense for this and none under category one. Under category two there is attempt. This instruction was adopted in 1998, and I call it the “Bible babblers in the bedroom” statute because instead of focusing on real problems in our great state, our legislature is concerned about people engaging in consensual sex.

Solving real problems requires time, effort, and money, and the hardest thing of all for politicians is logical thinking. It is likely quite clear that I am displeased with this particular set of jury instructions and this statute, and that’s because I think it is unconstitutionally discriminatory based on age. If I were the king of Florida, I would throw it out. If someone is charged with this, we will move heaven and earth to defend them, because in my view, they never should have been charged in the first place.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

For more information on Unlawful Sexual Activity With Minors, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 423-0035 today.

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What do You Look For When Interviewing a Juror in a Sex Crimes Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

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Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

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