When you meet someone you like in a romantic way, you exchange phone numbers
and engage in texting back-and-forth in an effort to get to know the other
person better. Eventually, conversations lead to flirtation. Soon after
pictures are shared, some involving little clothing or none whatsoever.
Sharing nude or sexually explicit images is known as sexting. While this
type of communication commonly occurs through cell phones, it can also
occur through the Internet or other devices.
But is sexting considered a crime in Florida? Although it is perfectly
legal for consenting adults, teens and minor children who engage in sexting
are subject to serious criminal penalties.
Anyone under 18 years of age commits the crime of sexting in the state
when they knowingly share an image or video depicting nudity or sexual
conduct to another minor. Additionally, this
sex crime also involves sharing a nude or explicit image of another person with
another minor.
When a minor commits the crime of sexting, he/she will go through the juvenile
justice process—not the adult criminal justice process. A first-time
sexting offense is punishable by a maximum of eight hours of community
service and/or a fine of up to $60. In the event of a second offense,
it is considered a first-degree misdemeanor, which carries harsher penalties
such as being placed in a juvenile detention facility, fines, and/ or
probation.
While the age of consent in Florida is 18 years old, the “Romeo and
Juliet” provision allows a 23-year-old adult to have an intimate
and sexual relationship with a 16- or 17-year-old minor. So, what happens
when sexting occurs between this legal relationship?
Whether the adult views a photo of a minor by himself/herself or shares
it with others, it is considered
child pornography—even if the relationship between the adult and the minor is legal.
The following are the possible sexting crimes adults face and their associated
penalties:
-
Possession of an image of minor child sexual conduct – A felony charge, punishable by a maximum five-year prison sentence
and a fine of up to $10,000.
-
Knowingly share child pornography with another individual – A felony offense, which carries a maximum five-year prison sentence
and a fine of up to $10,000.
-
Possession of child pornography with intent to promote – A felony offense, which results in a prison sentence of up to 15
years and a fine no larger than $10,000.
-
Use of a minor in a sexual performance or to promote a child’s sexual
performance – A felony offense, punishable by a maximum 15-year prison sentence
and a fine of up to $10,000.
In addition to prison time and costly fines, a conviction results in mandatory
registration as a sex offender.
If you have been charged with sexting in Florida,
contact our
Daytona Beach criminal defense attorney at the
Law Offices of Robert Stepniak today.