What Paperwork and Proof Help a Romeo and Juliet Petition Succeed?

Sex offender registration in Florida is required by law when a person is convicted of a qualifying sex offense. According to the Florida Department of Law Enforcement (FDLE), qualifying adult convictions may include a range of offenses involving sexual misconduct, minors, exploitation, trafficking, unlawful sexual activity, and certain related crimes. These include:

• Sexual misconduct under S. 393.135(2) or F.S. 394.4593(2)
• Kidnapping under S. 787.01, when the victim is a minor
• False imprisonment under S. 787.02, when the victim is a minor
• Luring or enticing a child under S. 787.025(2)(c), when the victim is a minor
• Certain human trafficking offenses under S. 787.06
• Sexual battery under S. 794.011, except subsection 10
• Unlawful sexual activity with certain minors under S. 794.05
• Former Florida offenses involving procuring a minor for prostitution or buying/selling minors into sex trafficking or prostitution
• Lewd or lascivious offenses involving persons under 16 under S. 800.04
• Digital voyeurism of a minor under S. 810.145(8)
• Lewd or lascivious offenses involving an elderly person or disabled adult under S. 825.1025
• Sexual performance by a child and child pornography-related offenses under S. 827.071
• Certain obscenity-related offenses involving minors under S. 847.0133
• Computer pornography under S. 847.0135, except subsection 6
• Transmission of child pornography by electronic device or equipment under S. 847.0137
• Transmission of material harmful to minors by electronic device or equipment under S. 847.0138
• Selling or buying minors for visual depictions involving sexually explicit conduct under S. 847.0145
• Certain racketeering offenses under S. 895.03, when the court makes a written finding that the racketeering activity involved at least one qualifying sexual offense
• Sexual misconduct under S. 916.1075(2) or F.S. 985.701(1)
• A violation of a similar law from another jurisdiction, including federal, military, out-of-state, or foreign convictions

This means Florida’s registration requirements are not limited to offenses labeled “sex crimes” in plain language. Some cases involving minors, human trafficking, electronic communications, child exploitation, or racketeering may also trigger registration if they fall within FDLE’s qualifying offense categories. FDLE also notes that a person may be required to register in Florida if they were convicted of a similar offense in another jurisdiction or if they live, work, attend school, or establish a residence in Florida while subject to registration elsewhere. The Florida criminal defense lawyers at Alers Law Firm can help you comply with these obligations.

There may be a chance that you do not have to register as a sex offender. Defendants who are a certain age may qualify for a “Romeo and Juliet” exception based on the age of the victim and the lack of force or coercion. You need to present a case in court showing that you qualify for this exemption, and submit documentation to persuade a judge to grant your petition.

You can learn more about this exemption and the sex offender registry in general by speaking with a Florida sex crimes defense attorney at Alers Law Firm. Call us at (407) 930-4888. We can both explain your obligations and represent you if you are seeking an exemption from sex offender registration.

There Is a “Romeo and Juliet” Exemption from the Sex Offender Registry

Under Florida Statute 943.04354, a convicted sex offender may not have to register as such if certain circumstances apply. Specifically, one can file a so-called Romeo and Juliet petition with the court. If this is successful, the offender will not have their conviction removed. However, they would not be required to register as a sex offender. This could make it easier for them to have a future once they have fulfilled their obligations and punishment under the law.

The crime of statutory rape often leads to charges against defendants who are close in age to the victim. Under the law, anyone aged 18 to 23 can be charged with statutory rape if they engage in sexual activity with someone who was under the age of 16. Although the consequences under the law remain the same, there is some leniency towards the requirement of having to register as a sex offender based on the circumstances of an individual case.

When the Romeo and Juliet Exemption Applies

Those who have been convicted of a sex offense in this area can seek relief from the court. Specifically, one can obtain an exception for mandatory sex offender registration if the following apply:

• The sexual activity was consensual
• The offender was no more than 4 years older than the victim
• The victim was between the ages of 14 and 18
• The offender was no older than 23 at the time of the offense
• The offender has not been convicted of any other sexual offense
• The offense did not involve force, coercion, or threats
• The person is not a sexual predator

The petitioner is the one who has the burden of proof to show the court that each of the above factors applies to the case. They must submit evidence with their petition that can persuade the judge to grant the petition.

Evidence to Include with a Romeo and Juliet Petition

The evidence that you would need to submit includes records that show the age of the offender and the victim in the case. These records can show that the offender meets the age requirements for a Romeo and Juliet petition. In addition, you would need to submit your criminal record to prove that you have not been convicted of any other sexual offense.

What may be more difficult to prove is that the sexual activity was consensual and did not involve force, coercion, or threats. Here, you may need to present the following as evidence:

• The victim may be willing to sign an affidavit that agrees that the sexual activity was consensual and that there was no force, coercion, or threats
• You may present affidavits from family or friends who were aware of the nature of the relationship
• Text messages, emails, and social media messages can show that the victim willingly participated in sexual activity
• Character witnesses can describe the nature of the offender and testify that they do not have a history of any type of coercive sexual actions
• Psychiatric or treating mental health providers can provide an opinion that you are not a sexual predator and do not act in forceful or coercive ways

If the judge grants the Romeo and Juliet petition, you must submit a certified copy of the court order to the Department of Law Enforcement. Then, you would be exempt from the requirement to register as a sex offender, giving you better prospects for your future.

Contact a Florida Criminal Defense Law Firm

Time is critical when it comes to the sex offender registry because the failure to properly register is treated as a third-degree felony. Speak to a criminal defense attorney in Orlando, Florida, at Alers Law Firm during an initial consultation by filling out an online contact form or by calling us today at (407) 930-4888.