Is Sexting Against the Law in Florida?

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.

Is Sexting a Crime for Adults?

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. Although it is legal for consenting adults, teens and minor 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.