Can a 18 year old have sex with a 16 year old in florida?

I was just wondering because my mom is trying to send my ex to jail if he came near me and I want to know if she can. She has all the email from last year when I was 16 and he was 18 and it talks about me and him going to meet up at places and doing it but it never happen...... It talks about him persuading me to have it with him..... But I also wanted to have it with him. I'm the one who wanted to first. Now hes 19 and im 17 and he cant talk to me or see me because my mom has this on him. But we never did have sex we just talk bout having it.

The age of consent in Florida is 18 years old so an 18 year old having sex with a 16 year old is illegal. However, Florida has a close-in-age exemption, (a "Romeo and Juliet" law), to the legal age of consent that exempts people less than 24 years of age or younger who engage in sexual activity with a minor aged 16 or 17. If the minor is less than 16 or the adult is older than 23, it is prosecuted as a serious felony.

When I was doing research prior to the trial of the guy who violated my underage daughter (grrrrr!), I remember reading about similar cases in Florida where 18yos were arrested for being with 16yos. In the cases I remember, they were charged with nearly everything but statutory rape. Your mother has a lot to work with, and judges there seem to go the conservative route (your mom's side) in cases like this.

You probably wouldn't be seen as the most reliable witness. The judge could think that you did have sex with him, but are saying that you didn't so you could protect him from jail time.

If you care about him, don't risk his freedom. This could still be very serious for him. If he cares about you, it won't kill him to wait until you're 18.