My question involves criminal law for the state of: Florida
Okay... I am a 19 year old, being approached by a seventeen, soon to be 18 year old. She informed me about a law stating sex was considered consensual between our age groups and nothing was legally wrong, this was also supported by this website, but then I came across this
"794.05 Unlawful sexual activity with certain minors.--
(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.
(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
History.--RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409.
This states that if a person who is 24 or over has sexual relations with a minor of the ages of 16 or 17 then they are commiting a felony of the 2nd degree... it says nowhere in there that its legal for anyone over 18 but under 24 to have sex with a 16 or 17 year old... as a matter of fact here is the statue that clears that up...
It is found under Statue 794.011 Sexual battery section 8 part B and states
"(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
(a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2). "
so in conclusion if you are living in the state of florida and have sex with someone under the age of 18 but over the age of 15 and you are over the age of 18 but under the age of 24 then you have committed a 1st degree felony and can in fact be charged with Statutory rape charges. So please be careful people..."
Sorry couldn't quote it came from an outside post...
So, if I'm to understand this correctly, it can be considered consensual but only if approved by a guardian?
I'm not one for this legal jargon, I just need to know "yes go ahead" or "No you'll go to jail"

