Law Offices of Robert Stepniak

Flexible Payment Plans

Reasonable Attorney Fees

Major Credit Cards Accepted

Click To Contact The Attorney Now Click To Contact The Attorney Now Available 24/7, Call Now 386.253.4750
  • Home
  • Our Firm
  • Attorney
  • Practice Areas
    • FAMILY LAW
    • CRIMINAL DEFENSE
    • CIVIL LITIGATION
  • Where We Practice
  • Contact Us
  • Blog
  • (386) 253-4750Call Today
  • Email Us
  • Our Map
  • Menu
Law Offices of Robert Stepniak

Flexible Payment Plans

Reasonable Attorney Fees

Major Credit Cards Accepted

Click To Contact The Attorney Now Click To Contact The Attorney Now Available 24/7, Call Now 386.253.4750
  • Home
  • Our Firm
  • Attorney
  • Practice Areas
  • Where We Practice
  • Contact Us
  • Blog
  • (386) 253-4750Call Today
  • Email Us
  • Our Map
  • Menu

Is Sexting Against the Law in Florida?

Blog 2019 January Is Sexting Against the Law in Florida?
Previous Post  |  Next Post

Is Sexting Against the Law in Florida?

Posted By Stepniak & Park || 15-Jan-2019

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.

Categories: Sex Crimes

Share Post

Practice Areas

How Can We Help You?

  • Family Law
    • Alimony
    • Divorce
    • Divorce FAQ
    • Divorce for Men
    • Divorce for Business Owners
    • Child Custody & Visitation
    • Child Support
    • Emergency Child Relocation
    • Grandparents’ Rights
    • Injunctions & Restraining Orders
    • LGBT Divorce
    • Modifications
    • Paternity / Fathers' Rights
    • Parental Relocation
    • Prenuptial Agreements
    • Property Division
    • Stepparent Adoption
  • Criminal Defense
    • Assault & Battery
    • Theft Crimes
    • Criminal Appeals
    • DUI Defense
    • Drug Crimes
    • Domestic Violence
    • Expungement / Record Sealing
    • Traffic Tickets
    • Sex Crimes
    • Other Serious Crimes
    • Probation Violations
  • Civil Litigation

Practice Areas

How Can We Help You?

  • Family Law
  • Criminal Defense
  • Civil Litigation

Email us for your Consultation

Send My Information
  • Main Office: Daytona Beach

    150 S. Palmetto Ave., Suite 100
    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
    Local: (386) 253-4750

  • Satellite Office: Deland/Deltona

    120 S. Woodland Blvd.
    2nd Floor
    DeLand, FL 32720
    Toll Free: (877) 256-4750
    Local: (386) 734-7373

  • Palm Coast/Flagler County

    Please Call For Appointment
    Toll Free: (877) 256-4750
    Local: (386) 446-0990

  • Palatka/Putnam County

    Please Call For Appointment
    Toll Free: (877) 256-4750
    Local: (386) 446-0990

Email us for your Consultation

Email us for your Consultation

Main Office: Daytona Beach

150 S. Palmetto Ave., Suite 100
Daytona Beach, FL 32114

Toll Free: (877) 256-4750
Local: 386-253-4750

Satellite Office: Deland/Deltona

120 S. Woodland Blvd.
2nd Floor

DeLand, FL 32720
Toll Free: (877) 256-4750
Local: (386) 734-7373
  • Main Office: Daytona Beach

    150 S. Palmetto Ave., Suite 100
    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
    Local: 386-253-4750

  • Satellite Office: Deland/Deltona

    120 S. Woodland Blvd.
    2nd Floor
    DeLand, FL 32720
    Toll Free: (877) 256-4750
    Local: (386) 734-7373

  • Home
  • Site Map
  • Privacy Policy
  • Accessibility Statement
  • Contact Us
Law Offices of Robert Stepniak

Call Today (386) 253-4750

Law Offices of Robert Stepniak - Daytona Beach Lawyer
150 S. Palmetto Ave., Suite 100, Daytona Beach, FL 32114 View Map
Main (386) 253-4750
Website: https://www.stepniaklaw.com/
Copyright © 2023 All Rights Reserved.
Lawyer Marketing Service by Fuel Web Marketing
Internet Marketing Experts